Question on jail time and fines.

[poopnut2]

Ok, I got a PI a while back and my fine is set at $325 which is to be paid over the next 90 days. Now, I spent about 28 hours in jail before I could talk to the magistrate/judge, and be released. Now, three officers told me to mention to the judge that I spent over 24 hours in jail and that it would merit a reduction in my fine or possibly a time served and I wouldn't have to pay a fine. However, when I spoke to the judge she said, and I quote "Yeah, I'm not gonna do that." So I told her that a few officers said that my jail time was worth some type of deduction at the very least. She said "You were only in there overnight so I'm not gonna do that." I told her that I was in there for two nights. She said "Maybe I'd reduce it if you had spent a week in jail."

What is the legality of this? Doesn't jail time count as payment, whether it be partial or full? I know some people who's fines dropped $100 per day that they were in jail.

Just trying to get some info on this. I won't fight the verdict since I plead guilty, but if I can get a discount in my fine for time in jail, I'm gonna do what I can to get that.

 

[FordSVTFan]

It is called judicial discretion. A judge can impose fines great than the minimum as well as jail time in excess of the minimum. If she so desires, the jail time you served is just in addition to the fine or time she orders.

 

[poopnut2]

It is called judicial discretion. A judge can impose fines great than the minimum as well as jail time in excess of the minimum. If she so desires, the jail time you served is just in addition to the fine or time she orders.

That's kinda what I figured. What a bitch.:cuss:

 

[FordSVTFan]

Women judges are tough!!!

 

[Iceman II]

Women judges are tough!!!

I agree, we have several women judges in my area and without a doubt they are the toughest around. Really doesn't hurt my feeling. Why? I don't have any.
I think that time serve ratio is $50.00 per day. I think they backed it back down.

 

[poopnut2]

Women judges are tough!!!

It's true, which really isn't "fair" when you think about it. The law should be the law, especially considering it was only a class C misdemeanor. I served over a full day in jail, and I believe that I should be compensated for it. That would be like someone having to do a year of time for whatever crime, or pay a fee. So they do the year, and then the judge saying, yeah, I'm not gonna count your time, you still owe us $10,000.

 

[FordSVTFan]

It's true, which really isn't "fair" when you think about it. The law should be the law, especially considering it was only a class C misdemeanor. I served over a full day in jail, and I believe that I should be compensated for it. That would be like someone having to do a year of time for whatever crime, or pay a fee. So they do the year, and then the judge saying, yeah, I'm not gonna count your time, you still owe us $10,000.

You could always move to middle east and sacrifice a hand. Then your screen name would be stubby

 

[philip]

Ok, I got a PI a while back.

whats a PI?

 

[SVT_Gixxer1000]

I got credited for my time in the can, I went to court and pleaded guilty to my speeding tickets and my no Insurance and did 6 months in the penn. Origionally it was 6 straight months and then my lawyer got it reduced to weekends.

 

[poopnut2]

whats a PI?

Public Intoxication. In texas it's supposed to be if you're blood alcohol level is .15% or higher. I was never given any type of sobriety test or breathalizer. However, my situation was a little "odd".

Let's just say that I've been known to sleep walk.

 

[WTF]

PI is a "misdemeanor"?

LOL! god damn, 'when am I not' borderline PI on weekends?

These days if you pass gas and get caught, it'd probably result in jail time.

 

[Iceman II]

Public Intoxication. In texas it's supposed to be if you're blood alcohol level is .15% or higher. I was never given any type of sobriety test or breathalizer. However, my situation was a little "odd".

Public Intoxication-means a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
Intoxication- not having the normal use of mental or physical faculties by reason of introduction of alcohol, a controlled substance, drug, dangerous drug, combination of two or more substances, or any other substance into the body or having an alcohol concentration of 0.08 or more.
No need to perform field sobreity tests or a breath test. Breath tests are ONLY requested to be performed on DWI arrests by law.