If the county attorney and the presiding judge will not comply with the legal requirements regarding calculation and application of time served in custody, the only reasonable recourse is the filing of a petition for a writ of mandate in the Tennessee Court
Appeals, seeking an order requiring the county attorney and the trial
judge to fulfill their legal responsibilities.
You will probably need an attorney to help you with this. Are you still in custody now? Or have you finished your sentence
? If you are out of custody, you can contact the local bar association where you live to find an attorney to help you. If you are in custoday, it will be more difficult for you to do this yourself, but can have someone on the outside make the contact for you.
If you let me know what court your case was in and where you are now, I can give you more specific information about how to try to contact an attorney.
Edit: Your optional information and "already tried" information showed up after I posted the foregoing initial response.
I now see that you are not the inmate. My apology for the misunderstanding on that point.
To answer your additional questions:
3) No, there was no false imprisonment. This is strictly an issue of proper allocation of credit for time served. However, if he ends up serving more time than otherwise would have been the case had credits been properly applied, he may be entitled to compensation for the excess time served.
4) Punitive damages cannot be recovered against governmental agencies, so it will not be possible for him to be awarded punitive damages against any of the involved officials or their agencies.
With respect to the items of personal property that were not returned, he will have to file a claim against the police agency which took him into custody and had possession of these items. If he has a receipt for the property that was taken from him when arrested, as well as an itemization of what was returned, and they refuse to return the balance of the property (including the $600 in cash), he may have to sue to recover it.
To try to find an attorney, contact the Knoxville Bar Association Lawyer Referral Service through their website:http://www.knoxbar.org/legalresources.htm