When a trial court miscalculates pre-sentence credits, the defendant must file a “Fares Motion” at the trial court level to try to get the credits corrected. The motion must be filed or the issue cannot be raised on appeal. Before filing a Fares motion, the defendant can try to correct the error by letter. The term “Fares motion” was derived from the title of the California Appellate court case creating it: People v. Fares (1993) 16 Cal.App.4th 954.
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