Asked 6/25/2016 – Austin, TX

My son was released on state parole. Six months later he was arrested on new charges. Since December 2, 2014 the State had him Charges were dismissed on Dec. 2015, however the Feds picked him up on the charges. On April 2016, finally he gets sentenced to 77 months FCI. When in court the Attorney asked the Judge to credit all his back time, meaning since Dec. 2, 2014. The Federal Judge says, “yes, since he’s been with me”. I questioned the Attorney right away since Rick had only been federal detained from Dec.2 2015 to said day of sentencing April 6 2016 (4 months). Wannamaker says,” Yes that’s all he’s going to be credited because of his Parole”. Question; What does Parole has to do with this time?? So all this time that he’s been incarcerated ( Dec. 2 2014) is not granted? Doesn’t count because it was first State charged until the Feds. indicted Dec. 2 2015 ? Wannamaker lied. One of the hired Attorneys. I’m embarrassed to say I had two working on his case. Well, we were told all his back time was going to be credited since the day he turned himself in Dec 2 2014. Not true. The State took a year just to pass it to the Feds. Can the Judge not credit all this time day for day??

Answer

Since there was no federal case pending until December, 2015 the only way he could receive more credit prior to that date was if there was a federal hold on him prior to the indictment. It may be POSSIBLE to receive more back time credit if the State and Federal cases were out of the same transaction, but not likely.