View Full Version : Letter to Judge re: Credit for time served


gamma354
02-26-2009, 10:36 AM
Anyone ever had to get a Judge to amend his sentence to say "credit for time served"? My son was in one county 11 months waiting to go to court. Another county had a HOLD on himthis entire time.When he went to court for the county that had the hold, the Judge did not say credit for time served. Since the HOLD was on him, the prob officer told me the time would count for both counties. This did not happen. He told me yesterday the Judge may not have been
aware his county had a HOLD on him. Should I write a letter to the Judge? If so, how should I approach this? Any help would be appreciated. This is ELEVEN months my son is NOT getting credit for!

Toby's Girl
02-27-2009, 01:04 AM
I am not from GA, but I just recently had to deal with this situation. My husband took a plea bargain with 158 day credit served in the county jail. It wasn't taken off of his prison sentence, so I had to contact his lawyer and have him draw up an amendment that had to be signed by the lawyer, the da, and the judge. Now we are just waiting for the DOC to recomputate his sentence. I hope this helps you some.

gamma354
02-27-2009, 09:44 AM
I decided to consult with an attorney on this first and I was told that IF you are in jail for probation violation that time you sit in jail waiting to go to court on the violation DOES NOT count toward the sentence you receive for the probation violation! Makes no sense to me, that's alot of time in jail that goes to nothing.
Thanks for the reply.

needhelp4brothr
06-18-2009, 07:21 PM
I know this is an old thread, but I have a question regarding this same subject. What if the judge did not say credit for time served, the individual has been in a county jail for 11mos, just got moved to Jackson today, and has a sentence of 15 years (recidivist). There is alot to more to this, but this is not the thread to go into to it. The entire situation is very much on the EXTREME end of the spectrum, bordering on ridiculous, but definitely square in the middle of corrupt and self serving! Anyway, back to the original question...how do you handle the issue of credit for time served? Thanks for any help and information anyone can give me! I really appreciate your time!

jxo7
06-18-2009, 08:30 PM
Ugh I have a similar problem so can anyone let me know? My boyfriend has been waiting 5 almost 6 months now just to be sentenced here in PA and I'm sure it'll be longer, and NJ has a detainer on him for violation of probation. So will any of this time count?? For anything? Will it count for the PA sentence and not NJ? Confusing.

needhelp4brothr
06-18-2009, 09:04 PM
Just to be clear, there is no probation violation involved in this instance.

Ali2335
06-18-2009, 11:32 PM
Ladies,

Usually the time they spend waiting to be sentenced DOES NOT count. My hubby was in this exact situtation. The judge can write on the sentencing paperwork to give credit for time served, but they usually do not. So unfortuanatly it is just "dead time". I was told that it would be a wasted of my time and it makes the judge angry to ask for credit, so once the judge does the sentencing he usually does not go back to alter the sentence to give credit for time served.

needhelp4brothr
06-19-2009, 12:05 AM
which exact situation? Did ir have probation violation included or not? or just the general sentence?

jxo7
06-19-2009, 04:02 PM
Actually I knew your post said nothing about probation violation that wasn't my question. I was just saying what he had a detainer for, & wanted to know if the time he's been wasting in there will go towards anything.
Thanks ali, I can't believe they don't always do it, that is such a waste of time! I hope the judge does, I would be so mad.

Ali2335
06-19-2009, 09:58 PM
Actually I knew your post said nothing about probation violation that wasn't my question. I was just saying what he had a detainer for, & wanted to know if the time he's been wasting in there will go towards anything.
Thanks ali, I can't believe they don't always do it, that is such a waste of time! I hope the judge does, I would be so mad.

Both, one time was for a probation violation and the other time was not. I think it is a waste of time as well, and it also makes it harder on the family. If he has a lawyer I would keep on him to ask the judge to give him credit for time served, because it is very hard if not impossible to get them to go back on their "final" judgement/ruling. I'm just telling you our experience for where we were (Jones, Bibb county) but every situation is different so, yell scream, and write to thee lawyer, judge, DA that he has been sitting there and to consider giving him credit for his "time"

Mommy4Two
06-23-2009, 10:19 PM
My hubby got credit for every single day he spent in jail... The attorney didn't ask for the credit or anything, it just happened... We were told that if he was released on bond, then all the time he had already served up to that point would go out the window and not count....