Time served-WRONG

[Ani3546]

so i called the tdcj classifications department,and they told me my man had only gotten credited for 75 days(2½mnths) for time served in county,but he did 4 mnths exactly,where can i call so they can fix this??

[RobinsMan]

If 75 days is what was reported to TDC then you must contact either the court of conviction or the sheriff's department and convince them the reported time is in error and to do this one usually needs to understand how the mistake was madein the first place. It would be a bit unusual for the sheriff to simply write down 75 days when he meant to write 120 and often there is some reason for the error or misunderstanding. Once it is cleared up with the county they will have to send a letter to TDC to correct the mistake.

[Ani3546]

I called the sheriffs department and asked for a copy of the judgement papers. Will this work or what do.i have to doo or where do i call? Im sorry for all this questions,im just soooo stressed!!

[Ani3546]

Sorry i am wrong, i called the sherriffs dept. And requested a copy of the time he served in county. And called the court and requested the judgment papers! Do this help??

[RobinsMan]

It will help because it will let you see what the court and sheriff think his time is and maybe they agree with each other and what TDC has and maybe it doesn't. Either way you learn from them and from there you know what the next step should be. Oh, did I mention that you started out doing exactly what you should do? Now just wait to get the documents and go from there.

I would have expected that you'd need to talk to the county clerk's office to get the judgement sheet but maybe the court is willing to help out. It is public information available usually for only a small fee. If you'll post what you find we'll try to help you go from there.

[Ani3546]

Ahhh okk thank u so much..i will wait for those papers,since im 12hrs away from the county they sentenced him im guessing it will tame a few days before i recieve them. Hope i can fix it so they can add more time and he'll be released sooner than 7-8-12!! Thank u so much robinsman u are really a great help and person

[Ani3546]

So,i called the DA's office and the lady told me he got credit for the time he did from yhe day he was arrested to the day he was sentenced,and that any time after that TDCJ wass supposed to decide how they would credit his time. So i call TDCJ classification and they.tell me there not able to fix that,that its up to judge to decide if they would give him credit. His attorneys secretary have me the court coordinators #,and the lady there told me i would have to talk to the DA's office or sherrifs office,but im not getting any help.from anybody at those places!! Ahhhh im so stressed,i dont know what to do or who to call!!!

[RobinsMan]

That's a stupid thing for the person at classification to say - they have no clue - and may not reflect what is actually going on. I mean, perhaps the person that did the initial calculation of his time made that mistake but that is one thing and it is quite another for some phone answerer to then stand on that mistake and start making claims about the law. Everybody's judgement sheet should show all the dates spent in jail for the offense up until the date of sentencing. Note I say dates and not a tally of days, meaning sets of ranges of dates during which they were in jail for the offense even if it happens to be more than one. It is impossible to know at that time how many more days a person will then spend in jail waiting to catch chain to TDC and listing only the days credited up until then is a very routine thing. Someone at TDC has simply made a mistake. Not that I'm a big fan of TDC or the Parole Division but I would fully expect that mistake to be identified and corrected during the first review for parole. That is part of what they do. "They", by the way, not to include the previously mentioned phone answerer.

In the meantime, I would still be trying to get it corrected now and you'll just have to be patient while working the issue. Besides calling yourself, there are other things that can be done. If he had an attorney for the case they are often willing to follow up and make sure that they are properly credited for their time. Also, inmates can write a request themselves to have their credited time reviewed. There is a particular form to be filled out and submitted (a something -167?? I can't recall) but that will only get them to compare their work against what was reported to them by the county. From what you write, it sounds like the court has done the usual thing on the judgement sheet and it is TDC that has made the mistake but if there is more to be done outside of TDC then an inmate can also get helpl with time credit issues through the State Counsel for Offenders. He must write to them himself to get their help. They will not accept soliciation from family or friends.

If his only stretch in jail was from the time of arrest and he has been in custody ever since then his Maximum sentence day should be the day (of the appropriate year) before the day he was arrested. For example, if he was arrested on July 27 of 2010 and received a 5 year sentence then his max date should be July 26 of 2015.

[Ani3546]

Im still waifing on those judgement papers,so should i just wait and see what those say,or where should i call? And i wanna tell him to write to the ppl u say should help..