In most cases, the time spent in jail before a prisoner is sentenced should be credited toward the sentence that is imposed. However, prisoners often find that they have not been credited with all the time they have spent in jail, resulting in a later release date. The steps prisoners should take to have the error corrected vary, depending on whether they are located in a City jail or in State prison.
Prisoners’ efforts to correct a jail time problem on their own are often unsuccessful. Prisoners who are unable to correct a problem on their own can contact The Legal Aid Society for help. Write to:
The Legal Aid Society can only assist prisoners whose cases originated in New York City. Prisoners from any parts of New York State can contact Prisoners’ Legal Services of New York:
The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.
Last Updated: 18 September 2019
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