Q: inmate receiving work credits was stripped of all credits by the judge. no judgment order states inmate can't work
there was an original charge of simple assault, to which the defendant wanted to plead not guilty. case was sent to circuit court and a court date was issued. no notice of the date was received by the defendant and ultimately he was arrested for failure to appear. after 75 days incarcerated he agreed to plead to probation-which he understood to be unsupervised but wasnt the case. a year later his probation was violated and he received full revocation. the 1st judgement order stated 75% of time to be done per misdemeanor rule and the 2nd order stated he be given all credits due. he was made trustee the next day and has worked since without problems or issue. the judge got wind of work credits and told a deputy he didn't want the inmate to get work credit so the jail has stripped him of all work credits just 20 days before release. no order states that the inmate not be allowed to work for additional time. ive been told this is a jail issue vs a judge issue. how do we fight for credits?
A: Unfortunately, you cannot fight for credits if the judge has decided he doesn't want him to have them. He needs to hire an attorney to find out why the judge stripped them . Additionally, the attorney could file a petition for a suspended sentence to bring all the favorable facts you discussed above to the DA. If the DA is unwilling to negotiate an early release then his attorney can have a hearing. Of course more facts are needed but it sounds like the help of an attorney is his best shot of getting out early. Good Luck!
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