How To Get Credit For Time Served In Jail

If you've got to do a bit of fourth dimension in jail, so it is essential to squeeze out every concluding driblet of credit time served that is humanly possible.

And, if you find yourself in that unfortunate position of having to await transport from another state'due south jail back to Florida you may exist wondering, is whatsoever of that fourth dimension in a "strange jail" going to count?

Well, that depends.

In the recent case of Chimale v. State , Chimale filed a move to get an additional 97 days of additional strange jail credit for time spent in an Argentina jail awaiting transport back to Florida. 2020 Fla. App. Lexis 5109 (Fla. 1st DCA 2020). Argentina wasn't holding him on any other charge, so about folks would assume that because the Florida case was the only reason he was being held–Chimale was entitled to that time served. Merely, that'south not the law, and his request for that credit fourth dimension served was denied. Here'southward why.

The Florida constabulary governing credit time served is found in Section 921.161, and it provides that credit fourth dimension served must be given for fourth dimension served in "the county jail". The problem is, our police makes no mention of giving credit for fourth dimension served in jails outside of the state of Florida. See Kronz v. State, 462 And so. 2d 450 (Fla. 1985). Accept a closer wait at my quote. You can see that "the" is bold, and I rarely bold things. Yeah, this credit time served analysis boils downwards to the word the.

And then, if you've spent some fourth dimension in other canton jails, practise yous get credit for that time?

Most courts would say that you are non entitled to the credit, but many judges volition grant it as a gift. The reasoning is that "the statute was not written to accommodate the mobile, prolific offender whose criminal transgressions bridge the state. The proper reading of section 921.161(1) is that a defendant is entitled to credit for each solar day in jail attributable to the accuse for which a sentence is pronounced. . . . the statute should non be construed then that the credit value of a day in jail expands with the number of cases a defendant has pending in unlike Florida counties. We uncertainty that the legislature wrote department 921.161 to advantage recidivism." Gethers v. Land , 798 So.2d 829 (Fla. quaternary DCA 2001).

Even though the law does not crave a approximate to grant time served in another jail, judges are permitted to still do information technology. Hither is the general rule:

"The trial court has discretion to laurels, and should consider awarding, credit to defendants for time served in foreign jails while awaiting transfer to Florida, particularly when the accused was incarcerated in another country solely on Florida charges." Krause five. State, 857 Then. 2d 343 (Fla. 1st DCA 2003).

In some Florida jurisdictions, the laws have been modified a bit to grant credit time served in some other jail starting from when the original county placed a detainer on the defendant, but only when that detainer is the sole reason for existence held in the other county jail. See Gethers v. State 798 So.2d 829 (Fla. 4th DCA 2001) versus Wiggins 5. State 654 So.2d 1017 (Fla. 1st DCA 1995). Again, we're not talking most foreign jails, and we're not talking near out-of-state jails–we're just talking near the county jails within the land of Florida.

Source: https://www.jgcrimlaw.com/when-can-you-get-credit-for-time-served-in-another-jail.html

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