Credit for time served? GEORGIA

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Latest post 02-25-2009 1:59 PM by Ford. 1 replies.
  • 02-25-2009 1:07 PM

    • gamma354
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    • Joined on 09-09-2007
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    Question [=?] Credit for time served? GEORGIA

    In short, here's the story.
    My son was arrested 09-07 in H. county for Burglary. He was already on probation in C. county. C. county placed a HOLD on him 09-07 while in H. county waiting to go to court. I could not bond him out of H. county because of the C. county hold. He went to court in H. county 05-08 and got a 2 yr sentence. He was then transferred to C. county for court on the revocation. He went to court in C. county 08-08. His sentence for the revocation was a 2 yr sentence to run concurrent with any other sentence. However, according to the parole board, the sentence in C. county (revocation) did not start until he went to court there in 08-08. My question and concern is....since C. county placed a HOLD on him 09-07 and he could not be bonded out, shouldn't the C. county sentence have started when the hold was placed? They said the judge in C. county did not say "credit for time served" (which I thought would be automatic because of the hold) that he said ...."to run concurrent with any time served." What does that mean? He will end up being incarcerated 26 months total on a 2 year sentence. It's like he was being punished because it took so long for him to go to court.
  • 02-25-2009 1:59 PM In reply to

    Feedback [*=*] No attorneys from Georgia . . .

    are on the boards.

    "I could not bond him out of H. county because of the C. county hold."

    You could still bond him, but if the PV hold did not have a bail amount, it would be a waste of time.

    "according to the parole board, the sentence in C. county (revocation) did not start until he went to court there in 08-08. My question and concern is....since C. county placed a HOLD on him 09-07 and he could not be bonded out, shouldn't the C. county sentence have started when the hold was placed?"

    Depends on state law. He had two holds and in many/most states, a judge can deny double-credit.

    "He will end up being incarcerated 26 months total on a 2 year sentence."

    The proper explanation is that he will do 2 years, likely starting 9/07 on the H county case, and do 2 years, apparently starting 8/08 on the C County case, so there is a bunch of overlap, but not complete overlap.

    "It's like he was being punished because it took so long for him to go to court."

    He's being punished because he committed criminal acts.

    He can ask his attorney in C County to file something to review the sentence.
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