[tsboss]

My son was arrested for a crime Oct 2009. He was in jail until his court date of February 2011 for the felony charge that happened Oct/2009 So altogether he served 15 months for the felony he was arrested for Oct/2009. He was found innocent for the crime. They should have let him go free but they did not because three weeks before he went to court they charged him with another felony, so they did not release him. He was held until October 2011. He took a chance with the judge and he pleaded guilty and allowed the judge to assess his penalty. The judge gave him 5 years. The judge only gave him credit for 10 months served. The judge refused to give him credit for the 15 months he served for the charge he was found innocent of.

He should have got credit for 2 years not 10 months. He was arrested October 2009 and did not get sentenced until October 2011.

He was indited October/2009 for the first felony - They already had DNA evidence for the other felony but did not charge him until February 2011. He was never released from jail. They kept him incarcerated.

My question is do we have grounds for reconsideration?

Can the court just throw away the 15 months he served for a crime he did not commit? Help Me

[excon]

My question is do we have grounds for reconsideration?

Hello t:

Sure you do. I don't know if a judge is REQUIRED to give him his jail time, but he certainly should. I'd file for a reconsideration and if denied, I'd appeal.

excon

[Fr_Chuck]

Depending on your area, time served is just normally given, not required to be given. He serves jail time prior to trial, merely because he could not make his bail.

But the time served was for the first crime, not the second, so the early time served has nothing to do ( assume not the same crime, merely different charges)

I would have assume his attorney would have objected and filed an appeal of sentence. He has a short window of time to file.