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Florida Legal Information Topics, Discussions and Information relating to Legal Information specific to Florida. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 04-30-2016, 10:26 AM
jessicawages93 jessicawages93 is offline
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Question Motion to correct jail credit DENIED

My husband was arrested in Polk County, Fl. On August 14 2015 for scheme to defraud (he told a guy hed sell him some appliances and didnt follow through with it). He was released on September 16 2015 on 18 months Probation. He was arrested again on January 28th 2016 for driving without a license. He was sentenced to 270 days in county jail. His current release date is july 14th. He has received a total of 20 days gain time. He submitted a motion to correct jail credit about a month ago. It was denied because he left out a day. He corrected it and resubmitted it. After sitting in chambers for what seems like forever, the motion came back denied last night. When he got sentenced they stated he would get credit for all time served regarding that charge. Why do they keep denying his motion then? His PD will not help. He has requested to speak with him and he never comes through. I have called him asking him to go speak with my husband and he said he would but never did. What can we do? My children and I have lost our home and most of our belongings since hes been arrested! We need him out ASAP. My 3 month old needs diapers and my 4 year old needs clothes. I have no baby sitter or money for a day care so im pretty stuck.. I need my husband out! Please help!
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Old 04-30-2016, 03:22 PM
CenTexLyn CenTexLyn is offline
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Just because he was in custody on a different charge does not automatically mean he was being held on THIS charge at the same time. Where someone is on bond or was on a supervised status, they do not accumulate time on that sentence just by being in jail on something else...there either needs to be a warrant for a supervision violation that is lodged or someone needs to go off the bond (whichever is applicable to the case).

In some instances, attorneys are able to get a prosecutor to go along with credit for a short period prior to the lodging of a warrant or the affidavit to go off bond, but it is purely discretionary as to whether those credits are awarded.
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