The Law Office of Kurt H King

May 11, 2016

MISSOURI PRISON TIME SERVED CREDITED TO BOTH THE PAROLE VIOLATION AND THE NEW CRIME

Filed under: Litigation,Uncategorized — kurthking @ 8:29 pm
Tags: , , ,

The May 3, 2016, slip opinion in Yowell v. Missouri Department of Corrections (Mo. Ct. App. WD79200) holds that where the same act (1) violates probation and (2) constitutes the new crime charged against the defendant, time served on the parole violation must be credited against the sentence on the new charge as well.

The facts of this case twist and turn tortuously, but a sentence on page 8 of the opinion hits the spot:

“[T]he incident that led to the new charge is the exact behavior that led to the probation violation and revocation,

meaning that, without the consumption of alcohol, Mr. Yowell would remain free from custody.”

Because the parole violation resulted from the same act/behavior as did the the new charges/offense, the two are “related” for purposes of Missouri’s section 558.031.1, RSMo., which proscribes when credit for time served is due.

So, in this common scenario, time served on the parole violation must be credited against the sentence on the new charges.  Where a person’s imprisonment on separate offenses stems from the same act, credit for time served must be given against each of the related offenses.

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