Legal Question in Criminal Law in Florida

My brother was sentenced to 5 years for violation of probation in Florida. He already served 4 years. I hear that you are only required to serve around 75% of the sentence for a VOP.

1. Can you tell me specifically what are the computation rules and how much time must he serve exactly ? How much time is left ?

2. How do I get the calculation of the sentencing addressed?

3. He is entitled to file a 3.850 Motion for post conviction relief on the VOP.. .does he have to file this to get the sentencing time left to be served addressed?


Asked on 6/29/12, 6:00 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

A person must serve at least 85% of their sentence. That means if they violate any prison rules, for example, they could lose that time off and have to serve the full sentence. There are time limits on when to file the 3.850 motion and it may or may not have passed. You need to ask his attorney. To address your calculation question, the lowest time before he could be released would be 85% of 60 months,therefore 51 months with credit for time served.

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Answered on 6/29/12, 6:32 pm


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