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Answer

Does time spent in jail before sentencing count?

Short answer: Usually yes, but the rules differ. Federal law gives credit for time in official detention before the sentence starts, if it was not counted toward another sentence. In state cases, the judge or court order usually sets jail credit.

Last checked Oct 16, 2026, 3:00 AM MT. General information, not legal advice.

Federal cases

A defendant gets credit for time in official detention before the sentence starts, if it was because of the offense (or another charge after the offense) and it has not been credited to another sentence.[1]

State cases

Each state has its own law. Jail credit is usually written in the judgment or sentencing order. If the credit is wrong, it is normally fixed through the court, not the prison.

What to do

  1. Get a copy of the judgment and look for "jail credit" or "credit for time served."
  2. Compare it with the DOC record.
  3. If they don't match, ask the defense attorney or the court clerk about a correction.

FAQ

Can the prison fix jail credit?

Usually not. The prison follows the court order. The court has to correct it.

More answers: What is the difference between good time and earned time? · Does good time shorten a sentence or just make someone parole eligible sooner? · How do I find out when an inmate will be released? · Can good time be taken away? · How does federal good time work (the 54-day rule)?

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Sources: 18 U.S.C. § 3585(b) (credit for prior custody) · Last verified: · Corrections