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Old 12-18-2018, 06:48 PM
Kristykriss Kristykriss is offline
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Default I am having this same problem. Can you help me?

Quote:
Originally Posted by cajungirl2011 View Post
I am posting this as information for anyone who may benefit from it. I have spent almost a year working on this and between my husband's mother and I, thousands of $. We have finally got both a clear picture of the process/problems with time calculation in Louisiana by DOC and how ignorant judges, attorneys and prosecutors are of the laws and calculation procedures. When you think in a logical way, it does not benefit any of the judges or attorneys to know this procedure because it truly only benefits the inmate. Ok, I have rambled on enough I suppose.

He took a plea that was to be 3 convictions (one 10 and 2 twelve year sentences) all to run retroactive and concurrent back to his arrest date. This amounted to basically one 12 year sentence. The sentencing transcript specifically had that verbaige and a direct conversation between the judge outlining his intent and making sure it was understood. DOC would not give him GT on 2 of those because there were bonds attached to them that were never revoked. Now those two sentences had different start dates, and of course end dates because of disallowed GT. They gave awarded credit to those two and we could not figure out why they were not calculating it 'retroactive and concurrent'. Two motions were filed to amend sentence. Both were granted. Still DOC would not budge. I felt like we were just not using the right 'words'. 7 different attorneys said over and over that 'retroactive and concurrent' should be the determining factor and they did not understand what the problem was.

After doing hours and hours of research online, reading minutes from the LA sentencing commission and denied appeals from district court, a picture was forming in my head. So I started calling people and askiing questions and faxing transcripts and asking more questions.

It seems that it is standard procedure for DOC to use only the minutes of a sentencing and jail credit letters to make their calculations. On the surface you would assume that would suffice, until you read the minutes. Minutes are a very condensed version of the official transcript, and in this case they did not contain two very key words, yes you guessed it 'retroactive and concurrent'. Those were no where in the minutes at all. In fact, most of the people I spoke with who had any involvement with this case, did not know that those particular terms were in the transcript. How would they? They had never seen the transcript! Well, they did when I was through! I burned up some fax machines and UPS loves me as well. Just call me a squeaky wheel baby!

Anyways, if anyone out there is up against a simular problem, let me know and I will give you all my info and contacts and at least you can stir it up some. The LA sentencing commission is trying to streamline the calculation process and make it more user friendly and understandable. By their own admission they called it a 'scheme that no one understands'. The inmate has very limited relief to him if he does not have someone on the outside helping him do this. An ARP is one good way, but he still has to attach documentation and give legitimate reasons for his request. Without someone making copies for him and phone calls, etc. he may be released by their time table years down the road.

I am determined that other wives will not have to endure a longer than agreed to separation from their husbands, nor their kids or families. If you do the crime, you have to do the time, BUT not one minute more!!!!

Hi I an having the same problem with my boyfriend. His calculated time is wrong in the system. Can you help me and yell what steps I need to take? Thank you
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