My boyfriend was sentenced to jail on Forgery Charges. He was supposed to only get 7months and be out in August 2012 but he is still incarcerated in Rappahanock Regional Jail. He has asked when is he going to be released but they just tell him that they are calculating his time. I'm not sure what this means or if he has a public defender. Should he have someone working on his behalf to find out? And most importantly what does that phrase mean?
Criminal Defense Attorney
That expression is used by the jail officials and the probation/parole office advising they are working on his in-custody time credit to project his release date on the sentence imposed by the court.
You need to contact his criminal defense attorney and ask for help if he is serving more time than imposed by the court.
I don't practice in VA but this is a rather simple matter: review the total sentence imposed by the court, review time spent in custody pretrial and since sentence was imposed; review parole eligibility regulations and calculate number of days served against the sentence imposed.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Speeding / Traffic Ticket Lawyer
"We're calculating your time" usually means VA Department of Corrections is computing his release date. A seven month sentence for a felony will result in longer than 50 per cent of the sentence for a misdemeanor. The jail will receive his release date before most regardless of his attorney.