What can i do to be more prepared for the hearing?
The judge isn't actually the one crediting time. The Bureau of Prisons has that power by law. But yes, by law, time served but not credited to another sentence should count toward a revocation term.
As for preparing, first, don't violate. If one does violate, call your lawyer in the underlying case.
This answer DOES NOT create an attorney-client relationship, and you need to consult a lawyer very quickly with whom you can create such a privileged relationship. This answer does not address the many specific variables that would constitute responsible legal counsel. This answer is meant only as general guidance -- particularly to hire an experienced lawyer for this complex question.
Time served as credit for a specific case is dependent on a number of factors. It is not always a sure thing. Your experienced local criminal defense lawyer after a review of the facts and circumstances is in the best position to advise you regarding "time served" credit.
PLEASE DO NOT USE THIS RESPONSE as the reason to say or do anything regarding your case or situation. This answer/response is based on the information provided in your inquiry and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced local Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.
Usually you get credit for time served awaiting sentence, even on a probation or supervised release violation. With regard to hearing preparation, talk to your attorney to evaluate what things can be done to prepare for your hearing---it's going to depend on whether it's a contested hearing or whether you plan to admit to a violation.
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The Federal Bureau of Prisons ("BOP"), pursuant to 18 U.S.C. § 3585(b), will credit any time that you serve in official detention toward your sentence *if* that time has not been credited toward any other sentence, state or federal. However, this computation is a function of BOP, not the District Court. The way in which you should prepare for the forthcoming hearing depends upon that which you want to accomplish at the hearing, such as whether you are denying the allegation or admitting the allegation and arguing for leniency. Regardless, that effort must be coordinated closely with your attorney. - Joshua Sabert Lowther, Esq., National Federal Defense Group.
Federal judges do not have the authority to award jail credits. For every federal prisoner the BOP calculates amount of time served and good time credits. In my experience, a majority of federal judges will not give a sentence of "time served" but will rather impose a defined sentence. The result may end up being time served, but this allows the BOP to make the final call that all credits were in fact accurate.
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