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    sweetkendra's Avatar
    sweetkendra Posts: 37, Reputation: 2
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    #1

    Dec 21, 2008, 12:14 PM
    Credit for time served on a detainer for VOP
    I need help please, I have been looking and looking on the internet for days now and cannot find what I need. My fiancé was in prison for 10 years for fighting in the State of Florida, He was released on 12/13/08 from FL. The State of Tennessee which is where we live has two detainers on him for Violation of Probation on charges back in 2004, how can I help him figure out how he can get credit for time served in FL prison for the VOP here in Tennessee? Please help, Many thanks in return. I have looked for information on credit for time served, motion for post conviction etc. and am getting really frustrated in finding this information. Tennessee went to FL. And picked him up on these detainers.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Dec 21, 2008, 12:17 PM

    I'm sorry to tell you that I am not aware of any time being credited like you would like it to be credited. The VOP charges have nothing to do with the charge he was incarcerated for in Florida so the time spent in Florida only gets credited for the Florida crime. He's going to have to start all over in Tennessee from zero again. The fact Tennessee got to take custody of him after he finished his sentence in Florida means that they are going to have their violation of probation hearing and decide this fate accordingly.
    sweetkendra's Avatar
    sweetkendra Posts: 37, Reputation: 2
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    #3

    Dec 21, 2008, 12:23 PM

    I understand this, but he has been filing in FL for the VOP in Tennessee and they kept telling him that he no longer had any detainers in Tenn, but then when he got released from FL, Tenn was right there to get him. He has been fighting this for 4 years now and his mom made about 50 calls to find out if he had any detainers in Tenn and they kept telling her NO as well. Is there anything he can do for this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Dec 21, 2008, 12:32 PM
    Quote Originally Posted by sweetkendra View Post
    I understand this, but he has been filing in FL for the VOP in Tennessee and they kept telling him that he no longer had any detainers in Tenn, but then when he got released from FL, Tenn was right there to get him. He has been fighting this for 4 years now and his mom made about 50 calls to find out if he had any detainers in Tenn and they kept telling her NO as well. Is there anything he can do for this?

    I think "Twinkie" is right. These are separate issues. I see no credit for time served. I see him entering the State and getting arrested.

    Have his mother go to the Police Station and ask if there are detainers. Have them put it in writing. Then decide whether to believe the info is true.

    His Florida PO - if he has one - can also check.

    And I have to ask - ten years for fighting?
    sweetkendra's Avatar
    sweetkendra Posts: 37, Reputation: 2
    Junior Member
     
    #5

    Dec 21, 2008, 12:41 PM

    He did time for 2 + simple battery. I don't know if she got anything in writing or not, he has no PO in FL, he served all his time there. All I know is that she made many phone calls to the police station and the courts and they kept telling her NO. They have dropped these detainers. I just realized he's only done 4 years in FL. And has served time in Tennessee already.

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