At Schierer & Ritchie, LLC, we’re here to protect your rights and ensure you receive all the credit you’re due under federal law.
In the federal prison system, “credit for time served” is a fundamental concept that can significantly impact the duration of an individual’s sentence. This credit is crucial for individuals who have been detained before their official sentencing.
At Schierer & Ritchie, LLC, we will help you understand what credit for time served entails, how it is calculated, its implications for inmates, and your options if your projected release date is miscalculated.
What Is Credit for Time Served?
Credit for time served refers to the recognition and reduction of an individual’s sentence based on the time they have already spent in custody before their formal sentencing.
How Credit for Time Served Is Calculated
- Pre-Sentencing Detention: When an individual is arrested and held in custody before their trial and sentencing, this period is counted as time served.
- Calculation and Documentation: Once a defendant is sentenced, the Bureau of Prisons (BOP), not judges, is responsible for calculating credit for time served. The calculation involves reviewing the defendant’s records to ensure all relevant time is accounted for.
- Inclusion of All Custodial Time: Credit for time served includes all days spent in custody related to the federal offense. However, it typically excludes any time spent in custody for unrelated offenses or periods that do not directly pertain to the current federal sentence. Further, time can be applied toward a parole violation or another offense, meaning that time is excluded from this calculation.
Challenges and Considerations
- Accuracy of Records: Ensuring the accuracy of these records is crucial. Discrepancies or errors in documentation can lead to disputes and delays in correctly applying credits.
- Legal Challenges: Defendants may contest the calculation of time served if they believe there are discrepancies or if they have been held beyond the necessary period. This process might move slower than you expect.
- Release and Transition: The credit for time served can also affect the timing of an inmate’s release. Accurate calculation of this credit helps ensure that individuals are released from prison according to the terms of their sentence, taking into account all time already served.
Options if Your Projected Release Date is Incorrect
- Appeal at Facility: Your first option is to appeal at the federal facility where you are placed. This can be done through the Designation and Sentence Computation Center. The BOP oversees the implementation of credit for time served.
- Filing a § 2241 Petition: Your second option is to file a § 2241 action, known as a petition for a writ of habeas corpus. This is essentially a civil lawsuit filed by a federal inmate to challenge the legality of their custody. However, to file this petition, the inmate must have standing to challenge the sentence, meaning they must have been held over their correctly calculated time before filing.
Contact Schierer & Ritchie, LLC
Understanding credit for time served is an important part of navigating the federal criminal justice system. While the rules can be complex, proper credit can significantly impact the total time a defendant spends incarcerated. If you’re facing federal charges or have questions about credit for time served, contact the experienced attorneys at Schierer & Ritchie, LLC. We’re here to protect your rights and ensure you receive all the credit you’re due under federal law.
