Utah Jails - "Good Time" Credit
The following page provides
general information on "good time" credit in Utah jail sentences. If
you are facing potential jail time for a
felony or
misdemeanor charge in Utah, it is vital to have the assistance of an
experienced defense
attorney.
Contact us today to learn how we can help.
How much "good time" credit can be earned in Utah jails?
Utah law allows a judge at
sentencing to order
jail time either as part
of a misdemeanor sentence or as a condition of
probation in a felony
case. Unlike a felony prison sentence which involves
"indeterminate"
sentencing ranges (e.g. 0-5 years or 1-15 years), a judge imposing a
jail sentence will order a specific number of days to be served in jail
(e.g. 45 days or 180 days). But the number of days actually served in
jail is often less than the number of days ordered by the judge. This
is often due to what is commonly referred to as "good time" credit.
Utah Code 76-3-403 provides that the custodial authority (typically the
county sheriff) has discretion to give an inmate credit against any
jail sentence for good behavior. The statute allows credit for up to 10
days against every 30 days to be served. If the jail sentence is less
than 30 days, then the statute allows up to 2 days credit for every 10
days to be served.
Should I ask a judge at sentencing to allow "good time"
credit?
It may be tempting at a sentencing hearing to ask the court to allow
"good time" credit against any jail sentence that is being ordered. But
it is a temptation to avoid.
Under Utah Code 76-3-403, the jail has discretion to grant credit for
good behavior, unless the judge has entered an order preventing such
credit. But the statute does not allow a judge to order the jail to
grant credit for good behavior. Even if a judge were to order a jail to
grant credit for good behavior, Utah Code 76-3-403 still leaves with
the jail the ultimate decision to grant or not grant credit.
So while there may be a temptation to ask about "good time" credit at
sentencing, it is not a good idea. If the judge says no, then the jail
is prohibited from granting credit for good behavior. But if the judge
says yes, it is a meaningless order because the a jail still has final
decision-making authority on the issue.
Do I need an attorney?
You should always
consult
with an experienced criminal defense attorney when you are facing
criminal charges. Even a relatively "minor" misdemeanor conviction can
have serious
consequences. It is
better to get help from seek assistance and advice at the beginning of
the case, rather than waiting until the case is done and it is too late.
Finding a Utah Criminal Defense Attorney

Choosing the
right attorney
for your criminal defense case is one of the most important decisions
you will make. With
criminal defense experience ranging from aggravated murder to complex
white-collar crimes and virtually everything in between, we have the
experience necessary to help ensure that your rights are protected.
Contact us today to see how we can help you.
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