Here’s a friendly tip for the criminal defense attorney: If you want the judge to do something, ask for it on the record, even if you think he/she won’t order it. Sometimes you get lucky. Like I did a little while ago. It was a strange case to begin with – the client had been in jail for a few years awaiting sentencing, but he wasn’t going to get equal credit. Most of the times, when you specifically ask for credit, the Judge will say that it’s not up to him/her and it is left to the Dep’t of Corrections to decide.
Well, I asked and I received. If you’re denied, then at least you’ve made a record for subsequent proceedings.