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xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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My husband was sentenced to 1 year for a class 3 driving while

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My husband was sentenced to 1 year for a class 3 driving while revoked. At the time of sentencing the judge allowed him 108 days credit for time already served. He has served an additional 50 days since sentencing. His projected out date is 9/8/13. He his not received the credits given by the judge. What can I do or who should I contact to find out why they have no record of the credit? I have attempted numerous times to contact his public defender with no response.
Thanks for using It will be my pleasure to assist you today.

The best way to find out why he has not received his jail credit is to contact the court in which he was sentenced. It is best to actually GO THE COURT IN PERSON.

You can ask to review the file. There should be a Disposition of Sentence. On the disposition, it should show the jail credit that the judge allowed your husband. If the jail credit is on the Disposition, then the jail has failed to transfer the credit to your husband's file. You can ask to speak to the Court Administrator regarding the problem. The court can fax the Disposition to the jail and ask that his jail credit be corrected.

If the Disposition does NOT show that the judge gave your husband 108 days jail credit, then your husband needs to prepare a Writ of Habeas Corpus (forms available at the jail). That means that your husband is asking to be brought to the Court. In his Writ, he can explain that the judge gave him credit for 108 days served, but that the jail has no record of that disposition. He then must ask that he be given the 108 days credit, and ask that a corrected disposition be sent to the jail.

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xavierjd and 3 other Criminal Law Specialists are ready to help you

Thank you so much for the "good service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

Customer: replied 3 years ago.

Hi. Thank you for responding. I followed your instructions and I will need to hire an attorney. Are you available in Cook County Illinois or can you recommend someone?


Experts on JustAnswer cannot make specific referrals to attorneys. However, below please find a link to the Circuit Court Clerk of the Court for Cook County. The page has hyperlinks to various sites to assist you in finding an attorney.

I hope you find this information useful.

Good luck.

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