Criminal Law Questions? Ask a Criminal Lawyer.
If he was being held on the acts underlying the eventual charge, then yes, he will get credit.
In other words, if he was being held on an ICE warrant for illegal reentry and then was formally charged, he will get credit for the time he's served.
Does that answer your question?
Really, it is a straightforward answer. From what you've said, it sounds like he will get credit.
well he is not getting it, so far they've calculated his time without that credit
we dont know how to proceed
if you are telling me he will get the credit then we should hire a lawyer for this?
The Bureau of Prisons makes that determination. He needs to appeal that decision and then take it to the district court.
appeal to the BOP decision.. in court
Yes. He needs to file a 2255 writ in district court.
do i need a lawyer to do this
It helps, but not necessarily. Inmates file them all the time.
just last question, how long does it takes to do this filling and get court day? he has 90 days left without the credit
Unfortunately, probably longer than that. There is no set time, so it depends on the judge.
can you help us with this case? he is in georgia mcrae,
No. Just Answer does not let experts from the site take clients.
can u recommend someone