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Old 07-18-2020, 12:00 PM
Omwfbop Omwfbop is offline
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Default Credit for time served in a foreign jail/prison/detention center??


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!
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Old 07-18-2020, 12:14 PM
fbopnomore fbopnomore is offline
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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..
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Old 07-18-2020, 05:53 PM
yourself yourself is offline

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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.
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Old 07-18-2020, 08:40 PM
Anna7 Anna7 is offline
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You’re in a Philippine jail and you have internet access?
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Old 07-18-2020, 08:51 PM
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safran safran is offline
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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 ”
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Old 07-20-2020, 09:45 AM
enigmaingr enigmaingr is offline

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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.
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Old 07-20-2020, 02:38 PM
bellisq bellisq is offline
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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.
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