Q: I’m a green case and they didn’t give me my gain time for my five years I did do is that right
I did five years then I had to use paper I violated with more months left of paper with the battery charge they didn’t give me my game time for the five years how do I get that back I was supposed to only do two more months but now I’m doing 14
A: You’re getting up in years if yours is a “Green” case. Green held your gain time vested. They could not take your gain time away upon a violation of probation. The legislature changed that rule around 1989. If your offense occurred before the change in law, then you need to talk to a lawyer about your options. In the past, these options included a requirement for the trial court to give Green credit upon a VOP, or a post conviction relief claim where the lawyer failed to preserve the issue, or a motion to correct sentencing error, or a motion to dismiss or terminate probation on double jeapardy grounds where the prison time, gain time and probation exceeds the announced sentence. Hope this helps.
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