Motion to Correct Sentence
A man pleaded guilty to arson and conspiracy to commit arson. His charges followed after he and a friend conspired to prepare and toss a Molotov cocktail at an occupied home in the late night or early morning hours. Based on his pleas, the Court sentenced the man to service 4.5 years in jail. The confinement facility provided the man with approximately 51 days of jail credit for times he spent incarcerated throughout the life of his case related to being temporarily held without bail or being held as a bail violator. This calculation of jail credit was grossly inaccurate. The man retained Attorney John L. Calcagni III to investigate the credit to which he was truly entitled and thereafter to petition the Court for a correction. Attorney Calcagni did just that. He obtained records from his client’s confinement facility as well as court dockets reflecting prior periods of the man’s incarceration related to this case. After comparing the two, Attorney Calcagni prepared a motion asking the Court to correct the man’s sentence. After reviewing the written submissions and considering argument from counsel, the Court agreed to adjust the man’s credit to a total of 238 days, which consisted of time spent both in pretrial custody and while on home confinement during the pendency of this case. Based on the imposed sentence of 4.5 years, the man is parole eligible after serving a term of 18 months. Due to the Court’s ruling on the adjusted jail credit, the man is now parole eligible in 12 months.