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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Georgia law 17-10-11 state that a person should receive credit

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Georgia law 17-10-11 state that a person should receive credit for time served. My husband was sentenced to 6 months confinement suspended upon his release to the detention center. He waited a month before going to court and being sentenced. That sentence is 120 days. Shouldn't he receive credit while he waits? Or at least the month he waited before court?
Hi

Yes. According to the Code you cite, he is supposed to get credit for the Time Served while awaiting a trial, if he is incarcertated while waiting.

That is correct.

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Customer: replied 5 years ago.
well it wasnt a trial but to give you more info, he was charged 5 years ago for a felony drug charge. he was sentenced to 120 days detention upon release he was allowed to enter into drug court. he got a DUI resulting in him getting kicked out of the program and resentenced on the orignal charge from five years ago. should he recieve credit from the 120 days prior to entering the drug court program as well?
Hi

Yes. Those 120 days should be a credit toward his sentence.

Please note if you have other questions use the REPLY to EXPERT to Continue the Conversation . Otherwise, please give a positive rating. This will NOT close your question and it will be available for future follow up

Thank you
Samuel II and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
im not sure why his lawyer didnt ask for that. I will ask him and if he doesnt proceed with getting My husband that credit, I will be hiring a new lawyer.
Customer: replied 5 years ago.
another question i have is with a sentence that states confinement suspended upon release to the detention center......., if his confinement time runs out and the detention center has not picked him up what happens?
Hi

Show the attorney they law. Ask him to put in a request for the Time Served of 120 days. If he does not, then your husband can write the Court and make the request for the Time served.

As to your other question - he should be released if the confinement time runs out and not transfer has occured.

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Thank you
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Customer: replied 5 years ago.
Hi Samuel,
I got information from the Georgia Department of Corrections stating that the wait time is around 6 months. Is it possible to get a release date set as that wait time exceeds 3 months we were quoted in court and his 6 months confinement with at least a month credited. i just would hate to have them pick him up toward the very end of his confinement when he could be released.
Hi

You need to work with the DOC Committment office. But first you need to have the court order the time served. Once that Committment from the Court is correct reflecting the expiration of sentence, they cannot hold him beyond that.

So if their wait time is 6 months and he has a 3 month sentence, then his time will be served there and a release date of that 3 months should be issued.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

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Thank you.