time served awaiting sentencing

[Fleet]

What is the name of your state? Illinois
I think I did a fairly exaustive search on this, but was not able to come up with anything. I hope I'm in the correct area for the inquiry.
My nephew was arrested in his home, on a warrant issued in Cook County, Illinois. He remained in the county jail for aprox. 12-14 months awaiting disposition of the case. Is he entitled to credit for this time, or is it just his misfortune not to be wealthy enough to pay the bond set, that all this time is lost, or 'dead time'? It's my understanding that, at least in Illinois, that the time spent in custody is credited to ones sentence, if they are further incarcerated, which in this case he was/is. If it were just a few days, or even a couple weeks it wouldn't be so much of an issue, but we are talking about a conciderable ammont of time here. I have a copy of his mittimus and nowhere does it state that he was given credit for the time awaiting sentencing.
I pray someone is familier on Illinois sentencing statutes. Or perhaps someone could just give me a small push/or a huge kick in the right direction. Any assistance would be very greatly appreciated as I have been searching for a long time trying to find some answers and relief for him and his family. My most heartfelt thanks, in advance, for any help! Thank You!

 

[HomeGuru]

What is the name of your state? Illinois
I think I did a fairly exaustive search on this, but was not able to come up with anything. I hope I'm in the correct area for the inquiry.
My nephew was arrested in his home, on a warrant issued in Cook County, Illinois. He remained in the county jail for aprox. 12-14 months awaiting disposition of the case. Is he entitled to credit for this time, or is it just his misfortune not to be wealthy enough to pay the bond set, that all this time is lost, or 'dead time'? It's my understanding that, at least in Illinois, that the time spent in custody is credited to ones sentence, if they are further incarcerated, which in this case he was/is. If it were just a few days, or even a couple weeks it wouldn't be so much of an issue, but we are talking about a conciderable ammont of time here. I have a copy of his mittimus and nowhere does it state that he was given credit for the time awaiting sentencing.
I pray someone is familier on Illinois sentencing statutes. Or perhaps someone could just give me a small push/or a huge kick in the right direction. Any assistance would be very greatly appreciated as I have been searching for a long time trying to find some answers and relief for him and his family. My most heartfelt thanks, in advance, for any help! Thank You!

**A: he should be given credit for time served. Exactly how many days is unknown at this time.

 

[Fleet]

ok

ok, what should I do to try and get this..'Ball Rolling" so to speak? Is there a legal form..motion, or something like that that needs to be used, or filed? Whatever I need to do, I'd like to get it started, as sometimes these things can take a while, and what a crime it'd be for him to serve the time, be released, THEN get the credit applied...which is so often the case here in Illinois, probably in most states. By the way, thank you so much for you lightening fast reply....I'm still fanning the smoke : )

 

[HomeGuru]

Re: ok

ok, what should I do to try and get this..'Ball Rolling" so to speak? Is there a legal form..motion, or something like that that needs to be used, or filed? Whatever I need to do, I'd like to get it started, as sometimes these things can take a while, and what a crime it'd be for him to serve the time, be released, THEN get the credit applied...which is so often the case here in Illinois, probably in most states. By the way, thank you so much for you lightening fast reply....I'm still fanning the smoke : )

**A: I don't know exactly what you are planning to do but you have no legal relationship and interest in this case. You can hire and pay for an attorney for him but that's it.

 

[Fleet]

ok well, it's my nephew, and I live with his mother, the reason I am inquiring is that his mother isn't familier with using the internet. Also because I had to do this same this from with-in the Illinois department of corrections, I simply filed what was called an ammended mittimus, and the sentencing judge granted me the days..I really didn't want to let my own personal business out like this...this was many years ago, perhaps 15 or more, but I don't remeber exactly how I did it, what the papers were called. Lawyers aren't always needed. of course being incarcerated one deals with things a bit differently, I wonder if he would be better off doing it from there. I think my biggest question was if he is due these days, the laws seem to change so fast, maybe a law had been passed to the effect that they could make people do what is termed as 'dead time', and you have pretty much answered that for me. Suppose I thought it would be easier to do it from the 'outside' but with legal assistance being what it is in prison...free, it would be better for him to look into it from that end. As I said thank you for your assistance.

 

[abezon]

No, the state has to allow him credit for time served before trial & sentencing. Visit the law library & ask for help finding form books.