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s_mccain1982 · Jan 10, 2010, 01:33 PM

Ok, this is very complicated. My husband has been in jail since Nov.27th. He had 2 charges, 1st was a dui charge with our county and 2nd was a failure to appear on driving on suspended license with our city. Ok... we have one metro jail in our county and all cities within our county all use one jail; there's a city side and a county side. So... he has been sitting on the county side for 44 days and today I finally got the money to post bond for that case. He was moved to the city side of the jail. He will appear in court on Tuesday, Jan. 12th for his city case, the fta on driving on suspendid. I have now heard that the city will only give him credit for the 2 days that he has been on there side of the jail. I thought he would get 46 days credit for the entire time he's been there since this is the same jail. I know it's complicated but I'm wondering if anyone else knows anything about this? Should he get full credit or only 2 days credit. I am so hoping he will get credit and be released with time served since this is normally a 30 day sentence.. max... Thanks!

Fr_Chuck · Jan 10, 2010, 01:39 PM

First it sounds like no attorney? I hope not, next there was no reason they needed to wait to hold the failure to appear hearing, that was just silly making you post bond for one charge to merely hold him on the other.

It is not complicated, they are merely railroading you since they appear to know you never got him an attorney.

If that was part of the records showing on the arrest that put him in jail, he should have all days applied.
But then they could give him 80 days and apply the 44 if the judge wanted to.

Is the new hearing merely the failure to appear, or also the actual charge he did not appear to. When he did not appear, was he found guilty and a sentnce given

s_mccain1982 · Jan 10, 2010, 01:43 PM

The new hearing is for the fta and the charge of driving on suspended license, which he never appeared on. Your right there's no attorney, I can't afford one. He intends to plead guilty because there is obviously no defense to driving without a license. I just think he should get time served since this is normally a max. of 30 days and he's been there almost 46..

Fr_Chuck · Jan 10, 2010, 01:50 PM

Nope, never plead guilty unless you have talked with an attorney and worked out a deal.

Don't deal with police they lie to get confession.

Look at the bomber over christmas a airplane full of witness, caught with the material on him, and he pleads not guilty.

Example, I was driving in a HOV lane a few months ago and got caught, OK no one else in the car, I plead not guilty, I challeged the courts ( city) right to make a onramp HOV only, since the state only mentions highway, not ramps.

Ok I lost, but it was a heck of a day.
And that is just it, with no plea in place, the punishment if he pleads not guilty is no worst. Perhaps the police officer no longer works for the department and won't show up, you never know

s_mccain1982 · Jan 10, 2010, 01:53 PM

Yeah, that makes sense but the thing is if he pleads not guilty he will have to wait in jail for a sentence date whereas if he pleads guilty... he should get time served and get released. That's why I'm trying to find out if people think he will get time served or not, so he'll know how he should plea?

Fr_Chuck · Jan 10, 2010, 02:01 PM

What he has to do is clear the failure to appear and what punishment they are going to give for that. Then there should be a new bail on the old change,

But I guess has he even talked to what possible punishment they are offering

I mean shock, shock, he pleads guilty and they give him 11 months in jail?