Legal Question in Criminal Law in Maryland

Credit for time served

My son was arrested in 2/01 for burgulary,no bail. Was convicted in 5/01 and given 8 yrs.ss;5 yrs. prob. w/condition being 1 yr at rehab. In 10/01 bench warrant was served for violation. Prob. term. 11/01 and commit sent, 6 yrs. DOC. On 10/6/01 amended commit sent to reflect 132 days in lieu of 15 days. On 4/02 motion for reconsideration was granted and balance of 6 yrs. suspended and 5 yrs. supervised prob. w/ condition of must complete 1 yr. at rehab. Violation occurred and bench warrant served 12/02 w/ no bail. On 1/21/03 is sentenced to 6 yrs DOC accounting from 12/12/02 with credit for time served after bench warrant was served. How does he get the time served prev., approx. 10 months, from 2/01-5/01 (awaiting original trial and 10/01-4/02 served at DOC before modification hearing) credited. Everyone I speak to says the law requires the credit of all time served on this charge but it is not credited. My son was told that without the credit it may be an illegal sentence because it was enhanced by not giving credit for time served previously. He wrote the judge and the response was that after 90 days the judge has no say on his sentence. What is our next step? Who can help get his credit for all time served on this charge?


Asked on 9/28/03, 10:24 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Credit for time served

Without discussing any matters relating to the conviction of your son, he should be receiving credit for time served. An excessive judgment may lie but would not be a basis to avoid the initial judgment.

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Answered on 10/03/03, 11:36 pm


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