Credit for Time Served

• Jurisdiction: Maryland

XI. Credit for time served

A. Entitled to credit for time served

The defendant receives credit against an imposed sentence for time served in custody on that offense, both pre-trial and post-trial. Md. Rule 4-342(g); Md. Code Ann., Crim. Proc. § 6-218; Fleeger v. State, 301 Md. 155, 165 (1984). In Roberts v. State, 56 Md. App. 562, 566 (1983), cert. denied, 299 Md. 426 (1984), the Court of Special Appeals held that, if a defendant is incarcerated pre-trial on charge #1, and while incarcerated, charge #2 is filed, if the defendant is acquitted on charge #1, the time spent in custody is credited toward the sentence for charge #2.

In Gilmer v. State, 389 Md. 656, 677 (2005), the Court of Appeals held that a nolle prosequi on charge #2, prior to sentencing on charge #1, constitutes a dismissal of charge #2, for purposes of the statute requiring credit for pre-trial custody on an unrelated charge that results in "dismissal or acquittal." See also Roberts v. State, 56 Md. App. 562, 565-66 (1983), cert. denied, 299 Md. 426 (1984); Magrogan v. State, 56 Md. App. 289, 293 (1983). If a sentence or multiple sentences is (are) vacated on direct appeal or collateral attack, the defendant receives credit for time served if he or she...