Please help!!!! Unfair sentencing given and not sure how to fix

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Please help!!!! Unfair sentencing given and not sure how to fix

He was out on felony probabation when he was arrested for felony possession of a firearm in Nov. 05. He was placed on an ATF hold and couldn’t bond out, so he stayed in state custody. In June 06 he was put on a writ to fed custody to await sentencing. He stayed in fed custody until Dec 06 when he was forced into pleading guilty by a poor PD who scared him away a trial. In Jan 07 he was sent back to state to await state sentencing. He was sentenced in Jan 07 to a 3yr state sentence which was written to run concurrent to his fed sentence. He was told the time he had already served and the next 19mnths state time would count towards fed sent. That was the only reason he agreed to guilty.Now after spending 26mnth state time and 6 mnth fed time on a writ, he is not getting credit for any of it Additional informationHe served 32 mnths time, including state and federal, and he is now finally transferred to federal custody where he has been for 10 mnths. However, the feds are not giving him a day of credit for tose 32 mnths served that he was told and is writing by the state that he would receive credit for because it would be concurrent. How do we get that time for credited to his fed sentence? This is so unfair and we really appreciatethe help. Thank you!

Asked on May 25, 2009 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to see another attorney. 

While your friend doesn't have to be given credit for time served it is done much of the time.

If he already has had a PD than money is obviously an issue but if there is anyway to get a private criminal attorney you should do so.  Call some of the bigger law firms in your area and explain your situation, you might get them to work on a case such as this "pro bono" (for free).  If that doesn't work you can try another PD or call legal aid.

Good luck.


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