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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111568
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Sat days in jail was released and then went back to jail sat

Customer Question

Sat for 92 days in jail was released and then went back to jail sat 153 days before I was revoked and sentenced. Received credit for 153 days but not for 92 days it was all from the same charge. How do I get the 92 day credit for time served
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to get credit for time served, you have to file a motion in court to get the sentence credit. Many times, pre conviction jail time just gets lost in the shuffle, which appears to be the case here since they gave you credit for the 153 days. So if they are not giving you credit for the 92 days when you point it out to them, then your next step is filing a motion in the court as a Motion for Credit for Time Served and you would ask the court to order that it be given to you.
There is no real "form" for this, it goes on a regular motion form and it is written from scratch.
Customer: replied 4 months ago.
I have wrote to court but they denied the request and I was told to get a attorney to file the right motion but because I am retired and my son is in jail most is tight. So am tring options to see where I can get help
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
The reason is you cannot file a motion on behalf of your son, your son must be represented by an attorney. The form is Petition for Sentence Adjustment CR 258 (https://wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=41). Your son or his attorney needs to file it.
Customer: replied 4 months ago.
Thank you will try to find a local attorney to file that motion
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
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