Orlando Criminal Lawyer - The Fischer Law Blog

Wednesday, June 30, 2010

Calculating time-served

I represent a young man on a Violation of Probation (VOP). He was arrested back in 2001 for Grand Theft - Motor Vehicle and Driving While License Suspended With Knowledge - 2 Prior Convictions (DWLS). Both offenses were 3rd Degree Felonies, each punishable by up to 5 years in state prison. After spending nearly 10 months in jail he entered a plea to both charges: 5 years in prison for the Grand Theft followed by 5 years of consecutive probation for the DWLS.

Unfortunately, after my client was released from prison he allegedly violated his probation. To add insult to injury, the judge may not give him credit for the 10 months he spent in jail prior to entry of his plea because the original sentencing paperwork does not indicate that he was to get credit for the time spent in jail on the DWLS. I'm arguing that the law requires he be given credit for the time he spent in jail back in 2001 because he was doing time for both the DWLS and the Grand Theft prior to entry of his plea. The prosecutors, of course, feel otherwise.

I go back to court at the end of July for my client's sentencing. I'll keep you posted of this interesting case.


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