Legal Question in Criminal Law in Texas
My son was incarcerated 29 days beyond his obligation due to an error on his original sentence. He filed a motion requesting credit for back time he had already served on this case. It sat on the DA's desk from Jan. to Nov. 2010. His release date was set at 12/01/10. I callled the DA's office once a week..they never reviewed it until Nov. 2nd. Turned out they had neglected to give him credit for 50 days. They released him 11/09/10 keeping him incarcerated 29 days longer than should have been. Since I was so far away to go get him at the last minute, it cost me $800 to go get him. Is there any recourse for this.
1 Answer from Attorneys
Not really, and certainly not against the DA's office. They have no obligation to ensure his sentence is correct. You should have been contacting his lawyer or the clerk who made the error (who could correct it nunc pro tunct.)
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