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?
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!
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