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What recourse is possible for a person that is held in a county

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jail for 6 months without...
What recourse is possible for a person that is held in a county jail for 6 months without bail and not having the time served apply to the time to be served on conviction? Tennessee state law requires that the county attorney handling the case must file an accurate summary of time served, etc. This was not done and on two motions submitted on the case, the judge in question refused to accept the motions.
Submitted: 9 years ago.Category: Criminal Law
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11/3/2008
Criminal Lawyer: Jim Reilly, Crim Defense Atty replied 9 years ago
Jim Reilly
Jim Reilly, Crim Defense Atty
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If the county attorney and the presiding judge will not comply with the legal requirements regarding calculation and application of time served in custody, the only reasonable recourse is the filing of a petition for a writ of mandate in the Tennessee Court of Criminal Appeals, seeking an order requiring the county attorney and the trial judge to fulfill their legal responsibilities.

You will probably need an attorney to help you with this. Are you still in custody now? Or have you finished your sentence? If you are out of custody, you can contact the local bar association where you live to find an attorney to help you. If you are in custoday, it will be more difficult for you to do this yourself, but can have someone on the outside make the contact for you.

If you let me know what court your case was in and where you are now, I can give you more specific information about how to try to contact an attorney.

Edit: Your optional information and "already tried" information showed up after I posted the foregoing initial response.

I now see that you are not the inmate. My apology for the misunderstanding on that point.

To answer your additional questions:

3) No, there was no false imprisonment. This is strictly an issue of proper allocation of credit for time served. However, if he ends up serving more time than otherwise would have been the case had credits been properly applied, he may be entitled to compensation for the excess time served.

4) Punitive damages cannot be recovered against governmental agencies, so it will not be possible for him to be awarded punitive damages against any of the involved officials or their agencies.

With respect to the items of personal property that were not returned, he will have to file a claim against the police agency which took him into custody and had possession of these items. If he has a receipt for the property that was taken from him when arrested, as well as an itemization of what was returned, and they refuse to return the balance of the property (including the $600 in cash), he may have to sue to recover it.

To try to find an attorney, contact the Knoxville Bar Association Lawyer Referral Service through their website:

http://www.knoxbar.org/legalresources.htm
Jim Reilly
Jim Reilly, Crim Defense Atty
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Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Customer reply replied 9 years ago

He is presently in west Tennessee state prison, Henning TN, were he is completing his four years.

 

His case was in crimial court, Knox county. The other case was in Blount county, which records show "event date of 2006/06/28" when he was in Brushy Mtg Prison.

 

I believe that he filed an appeal, but that was never answered by the appeals court.

 

Since tennessee obvious policies are that any complaint by any inmate is obviously false, I feel we need to file in the federal courts.

Criminal Lawyer: Jim Reilly, Crim Defense Atty replied 9 years ago
What other case are you referring to? You hadn't mentioned another case. What is this other case and how is it related to the one he is in prison for?

Was the appeal filed by an attorney or did he personally file it? Was an actual appeal filed or just a notice of appeal? There is a difference and if it was only the latter and appeal briefs were never filed, there would be nothing for the appeals court to do.

The federal courts probably are more likely to be receptive to his complaint, but before a federal case can be filed, state court remedies have to be "exhausted", a legal term meaning that all possible state procedures have to have been followed. That would mean the appeal would have to be finished and any separate writ (such as the one I suggested) has been denied.
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Customer reply replied 9 years ago

The second Blount county was two misameaners (?) There is relation between the Knox county and Blount cases, just he was held because a second warrent was issues for him.

 

He stated that he filed an appeal. Exactly what that was, I'm not sure. It was probably not done correctly since nothing every happened except they took some filing fees from his account. This is the information that I was told, I did not see the appeal.

Criminal Lawyer: Jim Reilly, Crim Defense Atty replied 9 years ago
Was he ever convicted of and sentenced on the two misdemeanors? If he was held in custody for the 6 months you mentioned solely because of those cases, and not because of any hold for the case on which he was ultimately sent to prison, it is possible that he is not entitled to credit for that time against his prison sentence. Whether or not that is the case would depend on the exact sequence of events and the orders in the various cases.

If they took fees from his account, that was for the filing of the appeal. However, it is still necessary to file at least one appellant's brief for the court to take any action. If he did not have court appointed counsel on appeal, it is possible that this was never done. If so, the appeal would have been dismissed without any action being taken.
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