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romlawyer
romlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1170
Experience:  JD, 75+ Trials, 1000s of cases, Licensed in PA
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MY HUSBAND IS CURRENTLY DOING TIME UPSTATE AT WAYMART STATE ...

Customer Question

MY HUSBAND IS CURRENTLY DOING TIME UPSTATE AT WAYMART STATE PRISON AND HE GOT HIS RELEASE DAT BACK AND THE PUBLIC DEFENDER DID NOT INCLUDE THAT IN HIS SENTENCE AND THE PUBLIC DEFENDER WILL NOT RETURN MY CALLS.I WANT TO KNOW HOW I CAN WRITE UP A PAPER FOR THE JUDGE TO SIGN FOR HIM TO RECLAIM HIS 11 MONTHS HOW DO I DO IT
Submitted: 8 years ago.
Category: Criminal Law
Expert:  romlawyer replied 8 years ago.

PA Lawyer here.

Are you looking for credit for some time served against his sentence?

How much credit is his green sheet showing.

Customer: replied 8 years ago.
Reply to romlawyer's Post: I WROTE THAT WRONG. IT IS PUBLIC DEFENDER. HE HAS NOT RETURNED MY PHONE CALLS.HIS RELEASE DATE IS JAN 2012 . HE WAS ARRESTED IN JAN 2007 AND SENTENCED IN DEC 2007 TO 5 TO 10 YEARS. HE SAID HE ISNT GETTING CREDIT FOR TIME SERVED IN THE COUNTY PRISON (11)MONTHS AND HAS WRITTEN HIS PUBLIC DEFENDER AND I CALLED SEVERAL TIMES AND HE NEVER WRITES OR CALLS US BACK AND WE KNOW WE ONLY HAVE A CERTAIN AMMOUNT OF TIME TO FILE A PETITION WITH THE COURT AND WE HAVE NO IDEA HOW TO DO THAT AND AS YOU KNOW IF WE DONT HE CAN SERVE THE 11 MONTHS OVER AGAIN.ANY HELP WILL BE APPRECIATED THANK YOU..LORI
Expert:  romlawyer replied 8 years ago.

You can file a motion in the court of common pleas, asking for the sentencing order to be corrected to include the correct amount of time served.

I would get another (pay) lawyer to do this for you. 11 months is a long time not to get credit for.

Ultimately if no one will correct this, he will have to appeal to the Commonwealth Court from the Parole boards calculation of his release date.