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What If I Did Not Get Enough Jail Credit When I Was Sentenced?

A prisoner getting handed the keys to his cell

Occasionally, someone does not get credit for the time they spent in the county jail, which can be a real problem that requires some help. Jail credit can be substantial and in some cases could amount to months or even years of unnecessary incarceration.

How Can I Get My Jail Time Credit?

In 2013, the Florida Supreme Court adopted Rule 3.801, Fla.R.Crim.P., which governs motions seeking jail credit. The rule applies to motions seeking in-state jail credit. Motions seeking out-of-state jail credit should be filed under Rule 3.850, Fla.R.Crim.P.  See Gisi v. State, 135 So.3d 493, 495 (Fla 2d DCA 2014).

The judge must specify the amount of jail credit to which a defendant is entitled. § 921.161(1), Fla. Stat. (mandating that an award of jail credit must be “for a specified period of time and shall be provided for in the sentence”).

What Is the Process?

Gather the documents — The first thing that must be done is to gather the documents showing the out of state and in-state county jail time. For example, any time spent in the county jail awaiting trial or sentencing counts against a sentence.

Calculate the county jail time — After gathering all the documents, calculate the time spent in the county jail before and after sentencing. For example, any time spent in jail before posting bond counts against a sentence.

File with the Court — After calculating the time, file a post-conviction motion with the court where you were sentenced and ask the judge to give you credit for the time you served.

What Is Post Conviction Relief?

Post-conviction motions and petitions are usually filed in the trial court where the conviction occurred. The most common motions for post-conviction relief in Florida are 3.850, Florida Rule of Criminal Procedure, and 3.800, motion to correct an illegal sentence. Rule 3.801, Fla.R.Crim.P., motions are used to request jail credit.

Why Should I Contact a Post Conviction Lawyer?

If you believe that you have jail time coming, you can request that the judge give you credit for the time you spent in the county jail awaiting trial or sentencing. Filing a rule 3.800, 3.801, or 3.850 motion for post-conviction relief is a very serious business. A lawyer can help level the playing field, protect your rights, and see that you get a fair shake. Not every attorney has the qualifications and experience to handle motion for post-conviction relief.

Why Fernandez & Hernandez?

Fernandez & Hernandez will provide a free consultation and answer your questions. The attorneys at Fernandez & Hernandez can assist you in getting the outcome you deserve. Motions for post-conviction relief can be complex. Fernandez & Hernandez may be able to find a solution to your problem and get you some relief.

Criminal defense attorney Daniel J. Fernandez has experience with post-conviction relief and will work vigorously to get your situation resolved. Attorney Daniel J. Fernandez can help guide you through the process.

If you or a loved one need legal assistance with a motion for post-conviction relief, call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229‑5353.

Daniel J. Fernandez

Daniel J. Fernandez

Daniel J. Fernandez defends individuals charged with a misdemeanor and felony criminal offenses throughout the Tampa Bay area and the State of Florida. With more than 30 years of experience as a criminal defense attorney and hundreds of jury trials, Daniel earned tremendous accolades from judges, other lawyers, defendants, and even jurors. Daniel started his legal career as a state prosecutor and became the chief of the Narcotics division before opening his own law practice in 1985.

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