While on probation for a possession of cont. subst. charge. My boyfriend was arrested on Dec 15. 2007 for robbery and another possession charge. Because he was on probation they revoked his bond. In 2010, he went to court and was sentenced to 15 years (eight years to serve and seven years on paper). His public defender told him he would receive time served for the 458 days he spent in county prior to his sentencing. However, the final disposition does not stipulate this. Also, GDOC has given him a max possible release date of 2017. If he received time served his max possible release date should be 2015 or 2016. Thus making him eligible for parole sooner. Who would we need to talk to about looking into this? Is this something that had to be on the final disposition? The court appointed attorney assigned to his case was not very helpful the whole time. They had video footage of the suspects at a nearby hotel changing clothing. However, she never presented it because she said it was not a great quality and very "grainy" and they wouldn't be able to tell that it was not him on the camera. She told him if he didn't accept the plea deal he could go to trial and he would be looking at life, if he loss. She sounded sure he wouldn't be able to prove he didn't do it. So he plead out to the lesser charge as his attorney advised. However, there seems to be no documentation available concerning the amount of time served he received. What can we do?
Answer: You are talking about two separate things: (1) the case is over (so all of the info that could have challenged his being placed in jail is moot); and (2) the failure to get credit for time served means you need to retain an attorney to file a motion to clarify sentence. Click here for info on retaining the right attorney
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