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What is necessary if a judge grants fed time served prior to

Customer Question

What is necessary if a judge grants fed time served prior to his state sentencing but does not fill out the paperwork?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

Thanks for using JustAnswer.com

 

If you know the name and telephone number of the attorney, your first action should be to call him/her and him/her to follow up with the state correctional facility. Hopefully, the lawyer will help. If not, then here are some things that you can do.

 

First, the inmate should have been given a copy of his sentencing disposition from federal court. If he has it, he can give it to the proper authorities at his correctional facility. Usually, the paperwork follows with the Defendant after the sentencing, and with the authorities who had him in custody.

 

Second, if the inmate doesn't have a copy of his paperwork, I have provided a link below to the Missouri Department of Corrections. Find the facility where the inmate is housed, and click on it. It will give you contact information for the warden. You can contact his/her office and explain what happened. It is possible that his/her office can get the information from the federal court.

 

http://www.doc.mo.gov/division/adult/address.htm

 

Third, you can go to the court, (Judge's clerk or secretary) in which the Defendant was sentenced and ask for a copy of his Judgment of Sentence. That Judgment of Sentece will spell out the exact terms of the federal court sentence of "time served."

 

Usually "time served" means that the judge gave the defendant a sentence of however much time the Defendant has already served on the federal case. So, if the person had been incarcerated for 6 months, the judge would give 6 months jail, credit for 6 months served. Then, the Defendant would have to go to the state court and resolve whatever matter was pending. If the Defendant is convicted, whatever the sentence of the state court judge was, would be the sentence. The federal matter would have been entirely concluded by the "time served". That means, he woudn't have to re-appear in federal court or do federal time.

 

If the Defendant believes that his lawyer did not effectively represent him, the Defendant can file a grievance against the lawyer with the State Bar of Missouri. I have provided a link to the appropriate page.

 

I wish you and the Defendant luck.

 

I hope that you find this information useful, and that you press the GREEN ACCEPT button so that I may receive credit for answering your question. Positive feedback, although not required is always appreciated. Also, a BONUS is also not required but is greatly appreciated.

Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

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