credi for time served

bella · #1 07-05-2002, 03:00 PM

My guy was arrested in Florida. Soon after that NY placed a detainer on him. Therfore they were aware that he was in custody in Florida. He also requested extradition himself and sent a motion to NY for them to come get him. However, when sentenced in NY he did not get credit for time served. Does anyone have any advise on how he can go about trying to get the credit? Also does anyone have info. on submitting a motion for a reduction of sentence or a downward departure?
Thanks guys,

KConnor56 · #2 07-05-2002, 05:33 PM

I don't know about Florida, but in Calif. the judge gives you your credits at sentencing. If you don't get them at sentencing your out of luck. If he has already been sentenced the only way I know of to get a sentence reduction is to file an appeal on the sentence. If he hasn't been sentenced yet his lawyer should file the paperwork showing why he deserves a downward departure from the sentencing guidlines.----- Ken

Others might have more info on Florida, or NY. I don't know if they operate the same or not. You might look into petitioning the court to run his sentences concurrent.

bella · #3 07-05-2002, 06:25 PM

The sentences are already running concurrent and he was under the impression he'd get credit for his time served in Florida. So, should he file an appeal of sentence. Could that have any negative effect on his time? Thanks

KConnor56 · #4 07-05-2002, 09:30 PM

Without knowing the details I can't answer your question. There are many variables to be considered. The short answer is if he took a plea bargain he can't appeal anything. If he was convicted by trial he can appeal, & it is possible it could hurt him. But like I said the devil is in the details.

I'm assuming hes doing time in Florida & getting credit for the time on his NY case.

Which case has the most time? Florida or NY. Most courts giving concurent time on a case being served out of state will only start counting the time from the conviction date. If hes doing time in Florida, & when his Florida time is up will he still have time to serve in NY? If so how much? If its a short period of time they may not drag him back to NY? So you see what I mean theres alot of different factors.

But like I said if he plead guilty on a plea bargain he has no appeal.

I'm guessing your concerned that once he finishes his Florida time he may have to go to NY & finish his time there. Or do I have it all wrong?------Ken

bella · #5 07-05-2002, 11:43 PM

No Ken, you've got it all right. Yes he took a plea bargain and they are running the time concurrently. He had almost 2 years in, in Florida when he got sentenced in NY to 10 flat which means he has to serve about 8. He'll be done in Florida in about 5 years 3 months and will still owe NY 3 years. Plus he still has immigration (illegal re-entry) pending.
Just trying to tackel all angels if we can.
Thanks for the help!

KConnor56 · #6 07-06-2002, 09:44 AM

Being he has the time he should do as much research as he can on the subject of what NY will do when his Florida time has expired. IN Orange County, & Calif. they will come get people from anywhere for just about anything. Other states wont bother. A good friend of mine had a hold from Iowa where he had a little over a year left to serve. His Calif. time was done, & Iowa said screw it when it came time to transfer him. They just let him go, but that didn't happen till he was ready for transfer. Maybe you can look into doing his time in Florida if they can do that. You've got a few years to look at your options. He has access to a law library, & maybe a jailhouse lawyer to steer him in the right direction. It will be an uphill battle, & you only have a slim chance to get any kind of favorable ruling. Chances are NY will have him go there & serve out his time. If the Feds are going to deport him NY might (slim chance) let their time go if hes deported.
Being it was a plea bargain he really can't appeal the sentence, but he may be able to petition to have his time calculated so his NY case time starts earlier. It's worth a try. He may not get all he wants but they may give him credit for more than they already have. Just some thoughts. I ramble when I'm drinking coffee, LOL.------Ken

bella · #7 07-07-2002, 04:33 PM

Thanks Ken,
He heard that NY is good about deporting people I guess we'll have to see. He's looking into filing some motions, at this point it doesn't hurt to try! Do you know what petition he should file is? There are a few "lawyers" where he is but no one really good. Thanks again.