Legal Question in Criminal Law in Florida
Florida defendant served 101 days in county jail before being placed on 3 years of felony probation. None of the 101 days was applied as time served. Shortly thereafter, he violated without a new crime and served another 33 days before being placed on community control, those 33 days were not credited upon sentence. After 6 months, he violated his community control with a new felony charge. He spent 129 days in county jail before accepting a plea bargain of a 24 mos. prison term to covering the new charge and the violation of community control on the original felony. How much of all the previous county jail time, never credited to any prior sentence of probation, should be credited in the 24 mo. prison sentence?
1 Answer from Attorneys
He should be credited for all time previously served, but it depends on the exact wording of the judge's sentence, and how DOC calculates.
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