Legal Question in Criminal Law in Florida
Department of Corrections overriding sentence
Does the department of corrections have the right to not give an inmate the jail crdit that the judge ordered in a sentence.If not what is the legal recourse we need to take to correct this issue?
Asked on 4/25/08, 10:00 am
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: Department of Corrections overriding sentence
If the judge placed the number of days of credit to be given in a written order, the Department of Corrections must honor it. If the judge only announced it on the record, you may want to get a transcript of the record and send it to the Department. If the Department refuses to honor the judge's order, you have to file a Writ of Mandamus, which will probably require the assitance of a lawyer.
Answered on 4/28/08, 10:41 am
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