Posted on Wednesday, May 1st, 2024 at 9:00 am
This legal provision aims to uphold the principle of fairness and ensure that the punishment fits the crime. By granting credit for time spent in custody, the justice system acknowledges your hardship and aims to prevent excessive or unjust incarceration.
What Is the Credit for Time Served in Florida?
In Florida, the court applies credit for time served by deducting the duration you already spent in jail or custody awaiting trial or sentencing from your final sentence. This effectively reduces the time you’ll have to spend incarcerated after your assigned sentence.
What Is Time Served Credit?
Time-served credit is a legal concept that recognizes time spent in custody before conviction or sentencing. The rationale behind time-served credit is straightforward: it’s unjust to extend someone’s jail or prison time beyond their sentence, particularly when they’ve already lost freedom during the trial wait. The justice system aims to balance punishment and fairness by granting credit for time served.
What Percent of Jail Time Do You Have to Serve in Florida?
Your conviction type and specific sentencing guidelines determine your required jail time in Florida. Generally, you may be eligible for release for non-violent offenses after serving 85% of your sentence. For violent offenses, such as crimes involving the use of a deadly weapon or causing serious bodily harm, you may have to serve 85% of your sentence or a minimum of 85% of the lowest permissible sentence, whichever is greater.
These percentages can vary due to factors like criminal history, crime severity, and specific circumstances. Some offenses may require you to serve mandatory minimum sentences in full, regardless of the credit for time served.
Does Jail Time Count Towards Your Sentence?
Your time in jail while awaiting trial or sentencing counts towards your overall sentence. It is known as credit for the time served and is crucial in ensuring fairness in the criminal justice system.
When authorities arrest you and hold you in custody, the clock starts ticking on the time you have served. Authorities carefully document and account for every day, week, and month you spend behind bars before your conviction. They deduct the time already served from your total sentence, reducing your remaining time in prison or jail.
Credit for time served is not automatic; you or your attorney must explicitly request it from the court. Failure to do so could result in you serving more time than necessary, clearly violating your rights.
If you did not receive proper credit for time spent incarcerated before sentencing, Florida Rule of Criminal Procedure 3.801 allows you to correct this. You and your lawyer must file a motion to correct it within one year of your final sentence. The motion must detail the uncounted jail days, including the dates, locations, and times for which you received and did not receive credit, any pending charges, and whether you waived county jail credit at sentencing. Your lawyer can handle this motion for you.
Get the Legal Help You Need Today
Having an experienced criminal defense attorney is crucial if you or a loved one faces charges in Pensacola. At The Morris Firm, our team of Pensacola criminal defense lawyers will fight tirelessly to protect your rights and ensure you receive the credit for time served that you’re entitled to. Contact us today at (850) 503-2626 to schedule a free consultation and learn how we can help you manage the complex legal system and minimize the impact of your charges.
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