Asked in Criminal Law for Georgia

Q: Inmate was awarded credit for time served by judge;however, no documentation or affadavit was filed. How can we correct?

Inmate did not recieve credit for time served due to discrepancy in documents. How could we correct and afford the inmate credit for time served?

Related Topics:
1 Lawyer Answer
Tyler Carey
Tyler Carey
  • Criminal Law Lawyer
  • Covington, GA
  • Licensed in Georgia

A: Credit for time served is based on the affidavit of custody that the custodian at the jail fills out. To correct this, you would have to file a Motion to Modify a sentence. Definitely ask his previous attorney, or consult a local one. This inmate may have been on probation, and getting credit towards that sentence, and not his new charges. Thus it is important to get a full procedural history as to when he was arrested, why he was arrested, and where he was housed. Best of luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.