Legal Question in Criminal Law in Florida
Disenfranchised Discrimination The basis of this email is that my husband and father of four committed an act of conspiracy on federal and state charges to possess with intent to distribute cocaine hydrochloride. I will present both situations and seek to determine why some of the time served did not count for state or federal which totaled 11 month. First Case
2011 one count � He plead guilty and received 48 months on Jan 8, 2013 state judge stated that it was to run concurrent. Once he was supposed to get picked up by Federal department. They refused him until his state time was completed which meant that he would complete 8 years total with federal and state time running consecutive rather than concurrent.
Therefore a motion to mitigate and amend the sentence was entered and granted for the state sentence to be reduced to a year and a day with 357 days credit and 10 years� probation, which meant that state sentence was ended. Also a credit of 161 days of time served as of 2/27/2013 should have counted for federal. This document was filled on (June 10, 2013) in Florida.
01/08/2013 he plead guilty to the same charge receiving 48 months and 6 years probation.
State held him in Federal Holding from Jan 8, 2013 until August of 2014. That time frame of 7 to 8 months plus the 161 day credit never counted for Federal or state time.
Federal currently has his release date of December 20, 2016,
He has been incarcerated since 1/17/2012 without release
Even if they did not honor the year and a day for state time, he should have credit for federal time from 1/8/2013 until now which should be 18 months
They only have him credited for Federal time 11 months. There is a lapse of time that is not counting for either state or federal in the excess of 8 months plus 161 days. This to me is unfair, unlawful and should be looked into so that my husband and father of my four children can reclaim his life and start over while learning from his mistakes. He accepted responsibility, did not make excuses and is doing his time without making problems and also taking courses to better himself in the future.. I have contacted his attorney but my calls go unanswered and ignored. It will be 3 years in January and the fact that they are only counting a fraction of that time served is not fair to me, my children and most importantly my husband. Please help
Time line
Turned himself in On 10/2011 Turned himself in for federal case bonded out 1 day served
On 1/17/2012 warrant for both state and federal was issued - turned himself into county in federal holding
On 1/8/2012 State sentenced 48 months concurrent which later changed to a year and a day as aforementioned.
On 8/2013 moved from state to Federal Completely as an emergency release because they should have released him 8 months sooner
Bottom line is that he has been incarcerated 10/2011 and completely since 1/17/2012 with a release date of 12/20/2016
Has had good behavior and made good use of time and I would like to challenge that time table and ensure that every day has indeed counted for his return home.
Please advise on options I can take
1 Answer from Attorneys
Your question is way too complex to be answered on this forum. I strongly suggest you talk to an attorney even if you have to pay for his time to see, what , if anything can be done and as you said what all the options are. Good luck.
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