SENATE BILL 185 is the law in North Carolina. It clarifies credit for time served by accepting a recommendation by the North Carolina Sentencing Commission. The law now states that a defendant should receive credit for any time served related to the incident resulting in the charge. It further clarifies that credit for time served does NOT include any time a defendant has spent in custody as a result of a pending charge while serving a sentence imposed for another offense.

This means criminal defendants must make sure to understand why they are being held and not to expect credit toward other charges or for the time served to count toward an unrelated probationary sentence. Wise defense attorneys should consider having any unrelated probation violations file without delay on a defendant being held on a separate charge!

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