The door closes a little more for paroleesby Michael B. Skinner · Monday May 11, 2009 10:22 am PERMALINK
There have been some cases over the past few years closing the dor on the availability of jail credit for parolees who are arrested for a new crime, are convicted, and request credit on the new charge for the time that they spent in jail awaiting disposition (see, e.g., People v Filip, 278 Mich App 635 (2008) and People v Seiders, 262 Mich App 702 (2004)).Now, the Court of Appeals has issued People v Johnson (docket no. 279163), which is in the category of "mopping-up" work, closing the little gaps left available to parolees to try to argue that they are entitled to jail credit. In Johnson, the defendant argued that because the trial court had granted him bond but it had not been posted, he should get credit. The court said that this was the same argument rejected in Filip, so the defendant lost.