Motion For Time Served Form Texas In Riverside
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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.
If a prosecutor offers you a “time served” deal, it means they are proposing a plea agreement where the time you have already spent custody will be considered sufficient punishment for the crime you are charged with.
You may be eligible for Credit caused by “Time Served” if you were incarcerated while serving a sentence for another offense if the confinement occurred after the commission of the misdemeanor for which the defendant is now being sentenced.
It would be a post-conviction motion to file with the help of a jail credit attorney. You need to provide where you were sentenced, as mentioned earlier, and request the judge to grant you credit for the time you served.
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.
An application to the court for an order and notice of any hearing thereon, not presented during a hearing or trial, must be served upon all other parties not less than three days before the time specified for the hearing, unless otherwise provided by these rules or shortened by the court. (c) Multiple Parties.
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.
