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






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

Prison & Criminal Legal Help! Ask questions, get opinions, and find resources on dealing with criminal justice legal issues, appeals, and more..

Reply
 
Thread Tools Display Modes
  #1  
Old 07-18-2020, 12:00 PM
Omwfbop Omwfbop is offline
Registered User
 

Join Date: May 2020
Location: Manila Philippines
Posts: 8
Thanks: 3
Thanked 3 Times in 2 Posts
Default Credit for time served in a foreign jail/prison/detention center??

Greetings!

Long time lurker/First time poster (besides my intro thread i just posted)

I have so many questions and anecdotes but i REALLY REALLY want to start by asking if my time served here in immigration detention in the Philippines will count as time served toward my eventual federal prison sentence? (just assume i will indeed be sentenced to federal prison time for the sake of the post)

I am an american living in the Philippines and on August 2019, i was arrested by Philippine police, 2 U.S. Federal investigators, and 2 employees of the U.S. embassy for my role in a wire fraud/identity theft/money laundering scheme with U.S. victims and U.S. financial institutions, subsequently indicted in the western district of texas, and i have been detained in this immigration jail ever since awaiting the painstaking long process of extradition/deportation...

Now, i have done a TON of "google research" on the matter as well as asked a few lawyers the same question and i have yet to find anything near definitive... the lawyers i asked either ignored me or vaguely said something along the lines of "im not sure because its a peculiar situation" to which im not suprised because i havent hired any of them... i have a court appointed attorney but he doesnt entertain my questions or even reply to my emails, stating that theres nothing we can do yet because im not stateside and what i have been able to find out on my own is that since the u.s. authorities in conjunction with the u.s. embassy pursued my arrest and therefore this detention, the time WILL most likely count towards time served as long as im not concurrently serving time for anything else (which im not) i have even read something about a supreme court precident regarding getting time served in any foreign jail counted. But on the contrary, i have also read that i must be extradited and not deported for that to be so?

I dont know, and i dont expect anybody else to really know for certain, but any idea how i can figure that out? Because when its all said and done, ill probably end up having served 2 years or more in this inhumane dump (a topic for another thread lol) so its very important to me to say the least!

Anyways, like i said, this is just the first of my many questions and comments so i look forward to interacting with you all and thank you in advance for everything!
Reply With Quote
Sponsored Links
  #2  
Old 07-18-2020, 12:14 PM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,797
Thanks: 50,210
Thanked 24,131 Times in 13,834 Posts
Default

I don't have a clue, but your US lawyer (once you arrive here) can certainly argue that you were in the custody of the US government so the time should count towards your eventual sentence.
__________________

Last edited by fbopnomore; 07-18-2020 at 12:16 PM..
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
Omwfbop (07-18-2020)
  #3  
Old 07-18-2020, 05:53 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,144
Thanks: 4,405
Thanked 22,337 Times in 7,756 Posts
Default

Standard lawyer answer - it depends. A judge will either award you credit for time or he won't.

US attorney has been appointed for your criminal case, not your deportation and extradition. This is why you will not get answers about immigration issues from your court appointed criminal attorney.
Reply With Quote
  #4  
Old 07-18-2020, 08:40 PM
Anna7 Anna7 is offline
I love my Kindle
 

Join Date: Sep 2015
Location: USA
Posts: 207
Thanks: 84
Thanked 338 Times in 127 Posts
Default

You’re in a Philippine jail and you have internet access?
Reply With Quote
  #5  
Old 07-18-2020, 08:51 PM
safran's Avatar
safran safran is offline
Owned
Donation Award 
 

Join Date: Jul 2013
Location: Azkaban
Posts: 3,569
Thanks: 1,843
Thanked 4,618 Times in 2,087 Posts
Default

Quote:
Originally Posted by Anna7 View Post
You’re in a Philippine jail and you have internet access?


“And in case youre wondering, were allowed use of cellphones in this facility from 8am to 5pm so thats how im online ”
__________________
Owned
Reply With Quote
The Following 2 Users Say Thank You to safran For This Useful Post:
Omwfbop (07-18-2020), sidewalker (07-20-2020)
  #6  
Old 07-20-2020, 09:45 AM
enigmaingr enigmaingr is offline
Attorney
 

Join Date: Jun 2011
Location: Michigan, USA
Posts: 90
Thanks: 11
Thanked 100 Times in 53 Posts
Default

You will most likely receive credit for this time, assuming you did not commit any crimes in the Phillippines for which you are or will be prosecuted by their authorities.
Reply With Quote
  #7  
Old 07-20-2020, 02:38 PM
bellisq bellisq is offline
Registered User
Donation Award 
 

Join Date: Mar 2004
Location: Miami FL
Posts: 6,469
Thanks: 1,068
Thanked 2,290 Times in 1,505 Posts
Default

If I remember correctly, you won't get credit for being in a foreign prison. But your lawyer can request that the judge credit the time off at your sentencing.
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

Similar Threads
Thread Thread Starter Forum Replies Last Post
Credit for time served in foreign prison? feds99 Federal General Prison Talk, Introductions & Chit Chat 4 01-05-2016 11:19 PM
Getting Him Credit for Jail Time Served JTJwife General Prison Talk 4 03-31-2013 02:00 PM
Credit for Jail Time Served SS2010 South Carolina General Prison Talk, Introductions and Chit Chat 3 11-09-2010 07:07 PM
Credit for Jail Time Served SS2010 Connecticut Parole, Probation, Work Release & Community Service 1 11-08-2010 07:41 AM
Credit for Time in Detention Center Program? staminaK Virginia General Prison Talk, News, Introductions & Chit Chat 5 07-14-2009 05:42 AM


All times are GMT -6. The time now is 02:34 PM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics