Rule 3:21-8 provides that a criminal defendant “shall receive credit on the term of a custodial sentence for any time served in custody in jail or in a state hospital between arrest and the imposition of sentence.” In the landmark consolidated decisions of State v. Hernandez and State v. Rose, 208 N.J. 24 (2011), the N.J. Supreme Court interpreted this rule, resulting in more jail credits being awarded on the front end of custodial sentences when multiple crimes are charged. Therefore, less time may be spent incarcerated on a sentence.
Hernandez’s case involved a defendant charged with multiple crimes in multiple counties. Rose’s case involved a defendant charged with multiple crimes in one county. The Court reversed the trial court’s refusal to award front-end jail credits on all cases for both defendants.
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