Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Notices

Prison Legal Help! Ask questions, get opinions, and find resources.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-21-2009, 07:43 PM
FallingDownHill FallingDownHill is offline
Registered User
 

Join Date: Jul 2009
Location: Louisiana
Posts: 4
Thanks: 2
Thanked 0 Times in 0 Posts
Default Time Calculation error

My husband was senteced to 3- 2 year sentences to run concurent back in march with credit for time served which at the time was 4 months. However he finally got his time calculations in and department of corrections has him down for 5 years instead of 2. i have copies of the court minutes it says 2 years on each charge to run concurent. I need advice on how we get this fixed so that he can come home in Nov 2009 instead of sep 2010 as they have him down. How in the world could they make an error like this... Hubby is about to loose his mind...
Reply With Quote
Sponsored Links
  #2  
Old 07-21-2009, 09:48 PM
Gryphon Gryphon is offline
Registered User
 

Join Date: Oct 2005
Location: CA Sacramento
Posts: 6,104
Thanks: 0
Thanked 2,156 Times in 1,467 Posts
Default

1. Easy Optimistic Method: You should be able to get copies from the court that have a stamp or seal that authenticates them. That's called a certified copy in most states. The prison system will have some employees called "sentence analysts". If they recieve the proper authenticated papers, they could fix it.

2. The Inside Fix:
There will be a way that an inmate can ask for a sentence review. Get a set of copies to the inmate. The exact method to seek a review will be different in each state, so he'll need some state specific advice if he can't figure it out for himself.

3. The Sentencing Court Do-Over:
I've been able to get a case re-calendared before teh sentencing judge; proven taht teh prison paperwork is out to lunch, and sweet talked the Judge into once again sending correct paperwork to the jail (with a cover letter noting that there seems to be an error). This probably mens having a lawyer's help, hopefully the trial lawyer.

Quote:
Originally Posted by FallingDownHill View Post
My husband was senteced to 3- 2 year sentences to run concurent back in march with credit for time served which at the time was 4 months. However he finally got his time calculations in and department of corrections has him down for 5 years instead of 2. i have copies of the court minutes it says 2 years on each charge to run concurent. I need advice on how we get this fixed so that he can come home in Nov 2009 instead of sep 2010 as they have him down. How in the world could they make an error like this... Hubby is about to loose his mind...
Reply With Quote
The Following 2 Users Say Thank You to Gryphon For This Useful Post:
FallingDownHill (07-22-2009), Kristyn24k (08-01-2009)
  #3  
Old 07-22-2009, 09:10 PM
FallingDownHill FallingDownHill is offline
Registered User
 

Join Date: Jul 2009
Location: Louisiana
Posts: 4
Thanks: 2
Thanked 0 Times in 0 Posts
Default

Thank you i called D.O.C this moring they said something about an administrative procedure form needed to be filled out. They said the jail can provide that. the jail says they have no clue what D.O.C is talking about and showed hubby a copy of what they sent D.O.C it says 2 years with no detainer. How can they make this kind of mistake..
Reply With Quote
  #4  
Old 07-30-2009, 10:42 PM
angelgemin's Avatar
angelgemin angelgemin is offline
Registered User
 

Join Date: Apr 2009
Location: Bucks County
Posts: 6
Thanks: 1
Thanked 1 Time in 1 Post
Default

I am going though something simalar. He had 11-23 months in one county prison. He was up for parole in April 08 he wrote the prison he was trying to transfer to where he had to serve for violation of parole. They let him sit there for 10 months. He has 18 months to do for violation of parole. They didn't transfer him till the prison he was sitting in warden cane down and asked why he was still there.he got moved imedatly Feb 09. Well apparently his paper work is so screwed up his max date now is October 2010.

His big problem is he never had a public defender. I am about to go to the court house myself and raise hell.
Reply With Quote
  #5  
Old 07-31-2009, 05:54 AM
RobinsMan's Avatar
RobinsMan RobinsMan is offline
Registered User
 

Join Date: Oct 2006
Location: Pasadena, Texas
Posts: 10,242
Thanks: 1,400
Thanked 4,941 Times in 2,964 Posts
Default

Court minutes will not be the same paperwork as that was sent from the court to the prison system. You should attain a copy of that paperwork to make sure that what was sent to the prison system correctly reflects what was signed for - or, more importantly, perhaps, what was said - in court. I suspect that an internal review by the prison system will assume that the paperwork it was sent by the court is correct. If the error is in the reporting of the sentence to the prison system then it will be up to you to detect it, attain recognition of the error by the court and have them send a correction to the prison system.
__________________
Royce

Last edited by RobinsMan; 07-31-2009 at 05:55 AM..
Reply With Quote
  #6  
Old 08-01-2009, 06:13 PM
Kristyn24k's Avatar
Kristyn24k Kristyn24k is offline
K.M.K
 

Join Date: Dec 2008
Location: Woodbridge, VA
Posts: 41
Thanks: 16
Thanked 3 Times in 2 Posts
Default Me too! Need help! incorrect release date!

My brother has a simalar issue. He was originally sentenced to 8 yrs (to serve) but got a reconsideration and judge reduced it to 4 yrs. He's been in Rappahannock Regional Jail 18 months and had approximately 2-3 months in prior to the 18. His release date is 7/06/2011. I called D.O.C. Classification.. they said call the jail, tell them to send credit if havn't already. Called Jail, they say... D.O.C would have to request the information. He's not currently incarcerated here so we can't give out any info. He's had a state number since 3/5/09. i don't see where they get their calculation's...
4 yrs= 48 months x85% = 40 months
18 served (2/13/08)
3 prior
--------------
19 months
where is the extra 5 months coming from? Sorry, I didn't answer your question. Only advice I have is call the classification department of the jail. They will explain the time to you to an extent. It still doesn't compute the same on my calculator though...

Quote:
Originally Posted by FallingDownHill View Post
My husband was senteced to 3- 2 year sentences to run concurent back in march with credit for time served which at the time was 4 months. However he finally got his time calculations in and department of corrections has him down for 5 years instead of 2. i have copies of the court minutes it says 2 years on each charge to run concurent. I need advice on how we get this fixed so that he can come home in Nov 2009 instead of sep 2010 as they have him down. How in the world could they make an error like this... Hubby is about to loose his mind...
__________________

Kristyn
Reply With Quote
  #7  
Old 08-02-2009, 06:01 PM
FallingDownHill FallingDownHill is offline
Registered User
 

Join Date: Jul 2009
Location: Louisiana
Posts: 4
Thanks: 2
Thanked 0 Times in 0 Posts
Default

Well thanks to all for the help But We finally got it fixed had to have the clerk of court send copy of the court minutes to the person who did his time calculations and it was fixed within minutes new good time release date 12/5/09 YAYYY he will be home for christmas!
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 08:30 PM.
Copyright © 2001- 2013 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics