erstandene Haft

English translation: remand credit -presentence custody / credit for pre-trial jail time served / credit for time served

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15:58 Apr 29, 2018
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: erstandene Haft
Aus einen Urteil

Anrechnung der erstandenen Haft.
Kathy O
Canada
Local time: 21:54
English translation:remand credit -presentence custody / credit for pre-trial jail time served / credit for time served
Explanation:
remand credit -presentence custody / credit for pre-trial jail time served / credit for time served

kanadische Quellen ausser den beiden Letzten [erstandene Haft kann auch Untersuchungshaft sein]:

Remand Credit - Criminal Law Notebook
criminalnotebook.ca/index.php/Remand_Credit
The method of taking into account remand time is to first calculate the total sentence and then deduct an amount of credit based on the amount of time served. s. 719 ... Determination of sentence (3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent ...

Pull Out Your Calculator: Presentence Custody and Enhanced Credit
https://hicksadams.ca/pull-calculator-presentence-custody-en...
Mar 10, 2017 - Sometimes they have heard they can get a credit of two days for every day served and… ... The Criminal Code of Canada under sections 719(3) & (3.1) now states that a sentencing court “shall” limit any credit of time spent in custody as a result of an offence to a maximum of one day for each day in custody.

Why Should People get 1.5:1 Credit for Pre-Sentence Custody? | Tom ...
www.tomrees.ca/why-should-people-get-15-1-credit-for-pre-se...
Apr 11, 2015 - The Court followed the Supreme Court of Canada decision of R. v. Summers, 2014 ... I note that the sentencing judge did not have the benefit of the Supreme Court of Canada's decision in R. v. ... The judge sentences them to 30 days, but only gives 1:1 credit for the time served before the conviction. Person ...

Supreme Court softens Tories' tough-on-crime sentencing law - CBC.ca
www.cbc.ca/.../supreme-court-softens-tories-tough-on-crime-...
Apr 11, 2014 - In a unanimous ruling the Supreme Court of Canada has given judges more discretion in sentencing offenders. In cases where convicts spend time in pre-trial custody, the top court says judges may award extra credit for time served.

Supreme Court restores credit for pre-trial jail time | The Star
https://www.thestar.com › News › Canada
Apr 11, 2014 - The maximum credit allowed would be only 1.5 days credit for a day served pre-sentence. In a unanimous 7-0 decision, the high court Friday agreed the law sets out a new starting point, that 1:1 is the general rule.

Supreme Court restores credit for pre-trial jail time | The Star
https://www.thestar.com › News › Canada
Apr 11, 2014 - Supreme Court restores credit for pre-trial jail time. The Supreme Court of Canada has restored the amount credit that offenders can receive for time spent in custody before they are sentenced. The Supreme Court of Canada has ruled that extra credit can be given for pre-trial time served in custody. (Adrian ...

New law ends 2-for-1 credit on jail sentences | CBC News - CBC.ca
www.cbc.ca/news/canada/new-law-ends-2-for-1-credit-on-jail-...
Oct 24, 2009 - In rare cases, the ratio was 3-to-1 if their detention conditions were deemed particularly difficult. The new legislation provides that as a general rule, the amount of credit for time served will be capped at a ratio of 1-to-1. It will permit judges to give credit at a maximum ratio of 1.5-to-1 only when circumstances ...

Is it ever wise to just stay in jail and wait for trial? | Nolo.com
https://www.nolo.com/legal-encyclopedia/stay-jail-wait-trial...
If a person is convicted of a crime and given a jail sentence, the sentence will be reduced by the number of days that person was detained in jail prior to conviction. (This is called “credit for time served.”) Thus, a suspect who expects to receive a jail sentence may consider saving the cost of a bail bond and in effect begin ...

Time served - Wikipedia
https://en.wikipedia.org/wiki/Time_served
For example, the final verdict in the trial of Louise Woodward was that she was guilty, and her sentence was "time served" (in her case 279 days). In this case, this meant she was immediately released. In some cases, time served may earn credit at a different rate than regular incarceration. For example, the defendant may ...

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Note added at 29 mins (2018-04-29 16:28:13 GMT)
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Strafzumessung der erstandenen Untersuchungshaft:

Untersuchungshaft aus der Sicht der Verteidigung Rechtsanwalt lic.iur ...
https://www.paulusakademie.ch/wp.../Vortrag-Thomas-Heeb.pdf
Untersuchungshaft bei der Strafzumessung mit zu berücksichtigen. Diese Sorge war berechtigt, die Haftdauer ist faktisch eines der wichtigsten Kriterien bei der Strafzumessung, da nur sehr selten eine kürzere Strafe als die bereits erstandene verhängt wird. Dies hat für die Staatsanwaltschaft den bequemen Vorteil, dass ...
Selected response from:

andres-larsen
Venezuela
Local time: 21:54
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1minus time served
David Hollywood
1 +3remand credit -presentence custody / credit for pre-trial jail time served / credit for time served
andres-larsen


  

Answers


26 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +3
remand credit -presentence custody / credit for pre-trial jail time served / credit for time served


Explanation:
remand credit -presentence custody / credit for pre-trial jail time served / credit for time served

kanadische Quellen ausser den beiden Letzten [erstandene Haft kann auch Untersuchungshaft sein]:

Remand Credit - Criminal Law Notebook
criminalnotebook.ca/index.php/Remand_Credit
The method of taking into account remand time is to first calculate the total sentence and then deduct an amount of credit based on the amount of time served. s. 719 ... Determination of sentence (3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent ...

Pull Out Your Calculator: Presentence Custody and Enhanced Credit
https://hicksadams.ca/pull-calculator-presentence-custody-en...
Mar 10, 2017 - Sometimes they have heard they can get a credit of two days for every day served and… ... The Criminal Code of Canada under sections 719(3) & (3.1) now states that a sentencing court “shall” limit any credit of time spent in custody as a result of an offence to a maximum of one day for each day in custody.

Why Should People get 1.5:1 Credit for Pre-Sentence Custody? | Tom ...
www.tomrees.ca/why-should-people-get-15-1-credit-for-pre-se...
Apr 11, 2015 - The Court followed the Supreme Court of Canada decision of R. v. Summers, 2014 ... I note that the sentencing judge did not have the benefit of the Supreme Court of Canada's decision in R. v. ... The judge sentences them to 30 days, but only gives 1:1 credit for the time served before the conviction. Person ...

Supreme Court softens Tories' tough-on-crime sentencing law - CBC.ca
www.cbc.ca/.../supreme-court-softens-tories-tough-on-crime-...
Apr 11, 2014 - In a unanimous ruling the Supreme Court of Canada has given judges more discretion in sentencing offenders. In cases where convicts spend time in pre-trial custody, the top court says judges may award extra credit for time served.

Supreme Court restores credit for pre-trial jail time | The Star
https://www.thestar.com › News › Canada
Apr 11, 2014 - The maximum credit allowed would be only 1.5 days credit for a day served pre-sentence. In a unanimous 7-0 decision, the high court Friday agreed the law sets out a new starting point, that 1:1 is the general rule.

Supreme Court restores credit for pre-trial jail time | The Star
https://www.thestar.com › News › Canada
Apr 11, 2014 - Supreme Court restores credit for pre-trial jail time. The Supreme Court of Canada has restored the amount credit that offenders can receive for time spent in custody before they are sentenced. The Supreme Court of Canada has ruled that extra credit can be given for pre-trial time served in custody. (Adrian ...

New law ends 2-for-1 credit on jail sentences | CBC News - CBC.ca
www.cbc.ca/news/canada/new-law-ends-2-for-1-credit-on-jail-...
Oct 24, 2009 - In rare cases, the ratio was 3-to-1 if their detention conditions were deemed particularly difficult. The new legislation provides that as a general rule, the amount of credit for time served will be capped at a ratio of 1-to-1. It will permit judges to give credit at a maximum ratio of 1.5-to-1 only when circumstances ...

Is it ever wise to just stay in jail and wait for trial? | Nolo.com
https://www.nolo.com/legal-encyclopedia/stay-jail-wait-trial...
If a person is convicted of a crime and given a jail sentence, the sentence will be reduced by the number of days that person was detained in jail prior to conviction. (This is called “credit for time served.”) Thus, a suspect who expects to receive a jail sentence may consider saving the cost of a bail bond and in effect begin ...

Time served - Wikipedia
https://en.wikipedia.org/wiki/Time_served
For example, the final verdict in the trial of Louise Woodward was that she was guilty, and her sentence was "time served" (in her case 279 days). In this case, this meant she was immediately released. In some cases, time served may earn credit at a different rate than regular incarceration. For example, the defendant may ...

--------------------------------------------------
Note added at 29 mins (2018-04-29 16:28:13 GMT)
--------------------------------------------------

Strafzumessung der erstandenen Untersuchungshaft:

Untersuchungshaft aus der Sicht der Verteidigung Rechtsanwalt lic.iur ...
https://www.paulusakademie.ch/wp.../Vortrag-Thomas-Heeb.pdf
Untersuchungshaft bei der Strafzumessung mit zu berücksichtigen. Diese Sorge war berechtigt, die Haftdauer ist faktisch eines der wichtigsten Kriterien bei der Strafzumessung, da nur sehr selten eine kürzere Strafe als die bereits erstandene verhängt wird. Dies hat für die Staatsanwaltschaft den bequemen Vorteil, dass ...

andres-larsen
Venezuela
Local time: 21:54
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 103
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Rosa Foyle: credit for time served seems to fit nicely here
21 hrs
  -> Thanks!

agree  Lancashireman: credit for time served (at 27 mins)
21 hrs
  -> Thanks!

agree  Daniel Arnold
5 days
  -> Thanks!
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
minus time served


Explanation:
going to post this as that what it means

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Note added at 1 hr (2018-04-29 17:46:09 GMT)
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time served taken into account


Explanation:
I would say

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Note added at 21 mins (2018-04-29 16:19:40 GMT)
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seems to be the case

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Note added at 23 mins (2018-04-29 16:21:30 GMT)
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reckon this has to do with a prison sentence

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Note added at 24 mins (2018-04-29 16:22:41 GMT)
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but you have to give us more context Kathy

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Note added at 25 mins (2018-04-29 16:24:00 GMT)
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https://www.nolo.com/.../time-served-sounds-great-why-take-t...
Traducir esta página
Time that defendants spend in jail before they are convicted (called pretrial detention) may be credited toward the total length of the sentence. This is called time served. A defendant unable to make bail may spend time in jail before a plea bargain or a trial takes place—sometimes days, sometimes months, and in very rare ...

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Note added at 31 mins (2018-04-29 16:29:58 GMT)
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just go with "time served" and you'll be ok

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Note added at 45 mins (2018-04-29 16:43:19 GMT)
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I think you're ok with this

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Note added at 1 hr (2018-04-29 17:03:39 GMT)
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or: minus time served

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Note added at 1 hr (2018-04-29 17:04:20 GMT)
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https://legal-dictionary.thefreedictionary.com/time served
Traducir esta página
His brother, Carlos, was given seven years minus time served for attempting to leave Canada to participate in a militant group. Canadian court sentences twin brothers to jail for terror plot. Jason Anthony, a former Wilkes-Barre city police officer, was sentenced to time served and two years of supervised release with the first ...

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Note added at 1 hr (2018-04-29 17:05:48 GMT)
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"time served" is fine and I think that "minus time served" is the way to go

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Note added at 1 hr (2018-04-29 17:06:19 GMT)
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if it fits in your context

David Hollywood
Local time: 14:43
(edit your time)
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 298



You may add a note to your explanation:


Note: If you add a note, your answer will be repositioned based on the current time



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Note added at 2 hrs (2018-04-29 18:18:50 GMT)
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in the clink and hope they do good (horrible English but just letting off on how badly the modern day vernacular sounds)

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Note added at 2 hrs (2018-04-29 18:29:34 GMT)
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anyway good luck

David Hollywood
Local time: 22:54
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 298

Peer comments on this answer (and responses from the answerer)
neutral  Lancashireman: You do realise that you have generated 14 e-mail notifications to the asker? A similar number on the previous Q.
1 hr
  -> way I do it L and you love it or hate it

agree  Michael Martin, MA: Stream of consciousness technique?
9 hrs
  -> hardly stream of consciousness Michael and a perfectly legitimate way of going through ideas (as askers do), so don't see the problem and thanks for the agree :)
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