Motion For Time Served Form Texas In Montgomery

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

Description

The Motion for Time Served form Texas in Montgomery is a legal document used to request the court to acknowledge time already served by an individual and potentially reduce or dismiss a sentence. This form is particularly useful for attorneys and legal professionals representing clients who have served time and seek a favorable adjustment to their case outcomes. Key features of the form include fields for the defendant's information, details of the sentence, and a clear outline of the time served. Attorneys, paralegals, and assistants should focus on accurately filling out the form with precise information regarding the client's incarceration period and any relevant circumstances that justify the request. The form must be submitted to the court with sufficient supporting documentation and may require an accompanying agreement from opposing counsel, potentially expediting the approval process. It is essential to edit the form as needed based on individual client circumstances, ensuring compliance with local court rules in Montgomery. The target audience for this form includes lawyers, legal associates, and paralegals who aim to effectively advocate for their clients' rights and interests during sentencing or parole hearings.

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FAQ

An affidavit of non-prosecution is a sworn, notarized statement from a victim requesting that charges against a defendant be dismissed. An affidavit of non-prosecution is a legal statement where the victim or witness of a crime formally declares they don't want to press charges against the accused.

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.

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.

The Process of Dropping Charges The victim can provide a written statement, known as an affidavit of non-prosecution (ANP), expressing their desire not to press charges.

In Texas, you may use a general affidavit form to compile your statement so long as you include the details pertinent to the reason you need an affidavit. You must also have the document notarized.

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.

(a) In this section, "affidavit of adverse possession" means an affidavit that attests to the date the affiant took actual and visible possession of real property to establish a limitations period to support a claim of adverse possession of the property.

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.

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.

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Motion For Time Served Form Texas In Montgomery