Motion For Time Served Form Texas In Broward

State:
Multi-State
County:
Broward
Control #:
US-0033LTR
Format:
Word; 
Rich Text
Instant download

Description

The Motion for Time Served Form Texas in Broward is a legal document used to request that the court recognizes time already served by a defendant as part of their sentencing. This form is particularly useful for attorneys, paralegals, and legal assistants managing criminal cases, as it allows them to advocate for a defendant's release based on time already spent in custody. The form requires the user to provide pertinent case details, including the defendant's name, case number, and specifics regarding the time served. It is recommended to complete the form with clear, concise information and to review it for accuracy before submission. Legal professionals must ensure compliance with local court rules when filing this motion. Users should also understand when this form is applicable, such as after serving time for a misdemeanor or before a judge to request a hearing on time credit matters. Proper execution of this form can help facilitate a smoother legal process and potentially benefit the defendant's case outcome.

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FAQ

What you need to request Time Served Credit: Time served Plea paperwork; The request; Acceptable form of identification (Social Security cards and selfies (pictures) are NOT valid forms of identification); Must have a valid phone number; Provide proof of incarceration.

To request time served, you must provide proof of incarceration from a jail or prison that includes the dates you were incarcerated, along with the request form linked below. To consider your request, you must enter a plea for the charges for which you are request jail credit, if you have not done so already.

Rule 106 - Method of Service (a) Unless the citation or court order otherwise directs, the citation must be served by: (1) delivering to the defendant, in person, a copy of the citation, showing the delivery date, and of the petition; or (2) mailing to the defendant by registered or certified mail, return receipt ...

Generally, Texas has a ``good time'' policy that allows inmates to earn time off their sentences for good behavior. For most offenses, inmates can earn up to 20% off their sentence for good behavior, meaning they could serve approximately 80% of their time.

A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.

Credit for Time Served is when a Judge gives a defendant who was in or is in jail, credit on their citation(s). Time served is not given automatically when released from jail; a Judge must approve it. You have to make the request for each citation and provide proof with each Court where you have outstanding warrants.

State jail felons generally serve every day of their sentence. Time served for misdemeanors in Texas varies by county. In Harris County, misdemeanor defendants usually get two days credit for one day served. In counties with more crowded jails, a defendant may get three days credit for each day served.

The Texas Department of Criminal Justice (TDCJ) is required by law to notify an offender's sentencing judge of the offender's number of days of diligent participation no later than 30 days prior to the offender completing 80% of the offender's sentence.

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Motion For Time Served Form Texas In Broward