Ibsen v. Warden

One convicted of a public offense should be granted credit for time served in jail prior to conviction and for time spent in jail between his release from prison and the imposition of a new sentence. Fairness points inevitably to this conclusion. An accused is presumed innocent until proven guilty. When credit is not allowed this presumption is given a diminished significance. Moreover, he is constitutionally entitled to release on bail except when charged with a capital offense where the proof is evident or the presumption great. Nev. Const. art. 1, § 7; Ex parte Wheeler, 81 Nev. 495, 406…