State ex rel. Roach v. Dietrick

In State ex rel. Roach v. Dietrick, 185 W.Va. 23, 25 n.5, 404 S.E.2d 415, 417 n.5 (1991), the Court explained the reasoning for requiring that a defendant be given credit for time served while awaiting trial and/or sentencing: "Constitutional protections are implicated because a person who is unable to make bail will be incarcerated before trial. If such person is not given credit for the jail time, a longer period of incarceration will occur than for the person who commits the same offense but is released on pretrial bail."