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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
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Experience:  Almost 12 years of legal experience, primarily in criminal law
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An offender was given 396 days of credited time while incarcerated

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An offender was given 396 days of credited time while incarcerated in Fort Bend County, however when tranferred to TDC unit, these days were reduced. This resulted in the offender only receiving approximately 200 days of credit towards a two-year sentence. Why didn't the offender received the full 396 days? This was an agreement reached between the offender's representing attorney and the county's District Attorney's office. How does one ensure that the offender is credit all previous time served?

I don't know why the credit was not given, but if it was part of the plea agreement, the defendant can file a Motion to Enforce Plea Agreement with the court which took his plea. He should outline the terms of the plea, indicate that he did not receive the credit pursuant to the plea, and then ask the court to order that the appropriate credit be given.
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