Can I Get Credit For Time Served in Colorado?

In our last blog we talked about how to calculate parole eligability based on the type of conviction.  A major concern with our criminal defense clients is if they receive credit for time served.  According to C.R.S. 17-22.5-403 (2); If the date of offense is between July 1, 1987 and June 30, 2004, and you have one or no priors, you are eligible to earn credit for time served after you serve 75% of your sentence.

According to C.R.S. 17-22.5-403 (3); You are NOT eligible for credit for time served on cases that took place between July 1, 1987 and June 30, 2004 even after you have completed 75% of your sentence, if you have two or more priors when you are sentenced.

According to C.R. S. 17-22.5-403 (2.5); If the date of offense is after July 1, 2004, you are eligible for credit for time served if you meet one of the following requirements: 1) You are charged with a class 4 or 5 felony, have no priors, and have served at least 50% of your sentence, 2) You are charged with a class 4 or 5 felony, have one prior, and have served at least 75% of your sentence, or 3) You are charged with a class 2 or 3 felony, have no priors, and have served at least 75% of your sentence.

According to C.R.S. 17-22.5-403 (3.5); You are NOT eligible for credit for time served on cases that have an offense date of later than July 1, 2004 if; 1) You are charged with a class 4 or 5 felony and have two or more priors, or 2) You are charged with a class 2 or 3 felony and have one or more priors. If you meet either of these standards, you are not eligible for credit for time served even after serving 75% of your sentence.

Calculating parole differs when you are convicted of a violent crime.