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Old 10-13-2017, 03:19 AM
Hbaker82 Hbaker82 is offline
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Exclamation PLEASE HELP OUR FAMILY! My husband just needs his credit applied to b home!

Hi there... I have been online desperately searching for some answers here...I could REALLY use some advise, direction on a matter with my husband, he is in jail now ( sentenced to 4 months ( supposed to be released on thanksgiving day) the issue is...he has 40 some days credit already that has not been applied to his time ( so he has ALREADY done more time in there than need be, now I am so incredibly desperate as his time has been incredibly hard on myself and our 4 children...we have gone a week without electricity, 3 days with no water, the county is obviously not interested in helping me as I have already applied with them twice...IM GOING TO LOSE OUR HOME VERY SOON & thatís a horrible shame considering I have paid a SECOND attorney ( 3 weeks ago) $500 just to get his jail credits applied, I was told itís not a hard process and can be done within a few days ( mind you itís been 2 WEEKS since he supposably started working on it and keeps telling me heís waiting on 1 last county to respond ( Sherburne County MN) of course where 3/4 of the credits are out of...I desperately need to know what to do, itís just a matter of speaking with the jail and getting the # of days he has been in custody in their county since feb of 2017, WHAT COULD POSSIBLY TAKE 2 weeks to get that info & Can I just go speak with staff myself? PLEASE LET ME KNOW WHAT TO DO...my husband has been our sole provider, I have a 14, 12, 3, and 1 year old that need their daddy😰

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Old 10-13-2017, 05:22 AM
fbopnomore fbopnomore is offline
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What does your new lawyer say? If they are pursuing a remedy for his unapplied gain time, it will be corrected if, and when the prison decides to fix it. Prisons work at their own speed.
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Old 10-13-2017, 07:59 PM
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All you have to get from the jail is a ďbody receiptĒ and then have that taken to his judge. In reality if it is a State Court and not Federal, you could take it to the Court Clerk and explain your situation. They will more than likely help you. That attorney screwed you. Sorry.
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Old 10-13-2017, 09:13 PM
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In order for people to assist you with more specific information, it would be helpful to know the county (I'm assuming he's in county jail?) you're working with.

Please understand I mean this in the most supportive way possible:
If you are choosing to pay money to attorneys over what amounts to several weeks more jail time for your spouse before keeping the lights on and a roof over the heads of your children, please please please reconsider. I understand he is your financial support and you'd like him home as soon as possible. But digging a deeper well of debt and risking the security of your children isn't the answer.

Best of luck and I do hope this is resolved for you all quickly.

Last edited by miamac; 10-14-2017 at 12:43 PM.. Reason: typos
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Old 10-15-2017, 11:09 PM
GaReform GaReform is offline
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My son spent 42 days in jail before he was transferred. DOC said they couldn't give him credit for those days without a judge's order. His prisoner history sheet showed the 42 days he had already served but they had to have it in the judge's order. His original attorney filed a motion for the credit & it was granted. I do remember my son helping someone file their own motion. It was a fill in the blank kind of thing.
Is there a legal aid clinic near you? I'm sure there is an advocacy group in your state that might be able to help you. If he's held in jail, have you called to find out what to do to get the credit applied? Sometimes calling & finding a sympathetic person in that department will get you what you need.
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Old 10-20-2017, 08:28 AM
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Quote:
Originally Posted by Hbaker82 View Post
Hi there... I have been online desperately searching for some answers here...I could REALLY use some advise, direction on a matter with my husband, he is in jail now ( sentenced to 4 months ( supposed to be released on thanksgiving day) the issue is...he has 40 some days credit already that has not been applied to his time ( so he has ALREADY done more time in there than need be, now I am so incredibly desperate as his time has been incredibly hard on myself and our 4 children...we have gone a week without electricity, 3 days with no water, the county is obviously not interested in helping me as I have already applied with them twice...IM GOING TO LOSE OUR HOME VERY SOON & thatís a horrible shame considering I have paid a SECOND attorney ( 3 weeks ago) $500 just to get his jail credits applied, I was told itís not a hard process and can be done within a few days ( mind you itís been 2 WEEKS since he supposably started working on it and keeps telling me heís waiting on 1 last county to respond ( Sherburne County MN) of course where 3/4 of the credits are out of...I desperately need to know what to do, itís just a matter of speaking with the jail and getting the # of days he has been in custody in their county since feb of 2017, WHAT COULD POSSIBLY TAKE 2 weeks to get that info & Can I just go speak with staff myself? PLEASE LET ME KNOW WHAT TO DO...my husband has been our sole provider, I have a 14, 12, 3, and 1 year old that need their daddy😰
you can either go on line or send a foia=freedom of information act, requesting a copy print out from that county's clerk of courts. there will be a fee per page (cents). of his time spent in custody. as far as your home, are you a "renter" or mortgage holder? get back to me asap.
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Old 10-20-2017, 10:49 AM
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Quote:
Originally Posted by berg ice View Post
you can either go on line or send a foia=freedom of information act, requesting a copy print out from that county's clerk of courts. there will be a fee per page (cents). of his time spent in custody. as far as your home, are you a "renter" or mortgage holder? get back to me asap.
The Judge usually grants "jail credit" at sentencing. An attorney or the inmate (pro se) can file a motion with the court requesting the credit if it was not in the sentencing paperwork. Its a simple process. However, if any of the time served was for another charge/case, it will not be applied to different charge/case. (ie Parole Hold = Dead Time [in ky, anyway]).
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