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eyesbeautifulbl · Dec 13, 2008, 11:50 AM

My fiancé has 22 years of unserved time and has been arrested on another charge. He was not on probation... how will this unserved time come into play with his current charges?:confused:

twinkiedooter · Dec 13, 2008, 12:06 PM

Could you please explain the "22 years of unserved time" a little. Don't quite understand the term. Either you are sentenced to do time or you are not.

excon · Dec 13, 2008, 04:09 PM

Hello eyes:

If he wasn't on probation or parole, and he didn't escape, then the conviction that resulted in the unserved time you're speaking about, has been satisfied. It ought to have NOTHING to do with his present charges. That is, unless you can shed some additional light on the situation.

excon

eyesbeautifulbl · Dec 14, 2008, 08:55 AM

My fiance's unserved time... he was not on parole, probabtion and he did not escape... LOL... I am not sure why they are calling it unserved time... time he did not have to serve... don't know if it is suspended time.. he was told it was time they could hold over his head if he ever got in trouble again... I am so distraught as the investigator won't tell me the decision and I feel like he is playing games with me... He told the judge not to set a bond because he had no where to go that I didn't want anything else to do with him... which was not the truth... I don't know where to go to get answers as he has not yet heard from his court appointed lawyer and I have limited knowledge of the system... the one charge carries a mandatory 5 years, some say that can be suspended and some say it can not... confused and worried...

excon · Dec 14, 2008, 11:49 AM

Hello again, eyes:

From your description, I can't tell what exactly, the "unserved time" is. You AND your fiancé are going to need a clear cut answer too. That stuff should come from his lawyer... Frankly, that's the ONLY place it can come from. Only HE knows the circumstances...

But, first you need to get him out of jail... To DO that, you're going to need to talk to his lawyer. As a matter of fact, if the lawyer is too busy to get back to HIM, YOU are the one who needs to keep prodding him. You can be VERY effective in helping your fiancé. The jailed need MORE people on the outside helping them. Be polite, but don't take no for an answer. He CAN get another bail hearing, or at the next hearing, a motion to reduce his bail can be entertained...

He might not get a bond because the charge appears to be serious, but he won't be denied because he doesn't have any place to go...

Once he's out, you can figure out what this "unserved time" is. If it's suspended, then it's just that - suspended, and it can't be brought back - UNLESS, he's still under court supervision from THAT conviction. And, you say he ISN'T.

At this point, it would be my belief that it's simply made up by the cops in order to threaten and/or intimidate him or you into snitching, or just copping out... I don't know. Cops are legally able to LIE through their teeth during an investigation...

I suggest that neither YOU nor HE talk to the cops again, and speak only to your lawyer.

excon

eyesbeautifulbl · Dec 14, 2008, 07:10 PM

I spoke with him this evening on the phone and he said... it was suspended time and when he got out he went to the probation office to be sure and was told he was not on probation... so my prayer is that this will not come into play.. but I am very thankful for your time and wisdom... I can not afford to get him out as I am a single mom... I have no resources... before the lawyer told the judge he had nowhere to go, the judge was setting his bond at 250,000... so it may as well be 3 million. Thank you from the bottom of my aching heart...

JudyKayTee · Dec 14, 2008, 07:12 PM

Originally Posted by eyesbeautifulbl

I spoke with him this evening on the phone and he said... it was suspended time and when he got out he went to the probation office to be sure and was told he was not on probation...so my prayer is that this will not come into play..but I am very thankful for your time and wisdom....I can not afford to get him out as I am a single mom... I have no resources ...before the lawyer told the judge he had nowhere to go, the judge was setting his bond at 250,000 ...so it may as well be 3 million. Thank you from the bottom of my aching heart....

Does he, do you qualify, for any type of reduced cost legal assistance? Legal aid, something like that? Maybe you just have to keep knocking on doors -

eyesbeautifulbl · Dec 14, 2008, 07:18 PM

I work, but he did not... he was Mr. Mom to my son... where can I go to find out if he would qualify for any type of legal aide? THANK YOU

Fr_Chuck · Dec 14, 2008, 07:24 PM

Sounds like unsupervised probation to me, but that is just a guess,

JudyKayTee · Dec 14, 2008, 07:28 PM

Originally Posted by eyesbeautifulbl

I work, but he did not... he was Mr. Mom to my son.....where can I go to find out if he would qualify for any type of legal aide? THANK YOU

Look up legal aid in the phone book. You might try your local Bar (Attorney) Association. Ask the Court. He should ask people. Look up Aid to Indigent Prisoners (if that exists in your area).

Someone will eventually refer you (hopefully) to the right place - it just takes time and effort because it varies from locality to locality.