TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Have to give credit?
Go
New
Find
Notify
Tools
Reply
  
Have to give credit? Login/Join 
Member
posted
Indigent D arrested 11/26/2006 sits in jail on state jail felony on our case, on another county's case which he is acquitted of on 5/26/2007 and on a blue warrant which is dropped 3/27/2008 because he timed out. Those over with, he makes bond on March 27, 2008 on our case. We go to trial on April 22, 2008. Judge to set punishment.

Is it mandatory that the Judge give him credit from 11/26/2006 to 3/27/2008. Defense says "Yes, he was indigent and couldn't make bond" and Judge is leaning in that direction because he does not think total time can exceed the maximum sentence of two years. I say no time credit while awaiting trial on other county's case or while he was being held on blue warrant because those, not his indigency kept him from making bond.
Memos to the Judge due next Friday.
Thoughts and cites appreciated.
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
Member
posted Hide Post
Does the judge have to give credit? I think the answer is, "No." Can the judge give credit at his/her discretion? I think the answer is, "Yes."

"[J]ail credit must be awarded in each cause that was an independent and sufficient cause of detention." Ex Parte Crossley, 586 S.W.2d 545 (Tex.Crim.App. 1979)(en banc)

The rule of thumb is: But for our detainer, would the defendant have been released? If I read your facts right, it sounds like your defendant was being held by more than just your detainer.
 
Posts: 200 | Registered: January 31, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Have to give credit?

© TDCAA, 2001. All Rights Reserved.