New Port Richey, FL asked in Criminal Law for Florida

Q: my mother-in-law got sentenced in clearwater to a year in the county.does the judge have to give her jail credit

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1 Lawyer Answer
Leonard Louis Cagan
Leonard Louis Cagan
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: She is entitled to credit for whatever time she spent in custody FOR THAT CASE. Sometimes a person is being held on one case and has bonded out on the case in question. There are ways to avoid that problem that include "off bonding" the person on the pending charge or having the State agree to give her credit. Credit for time served is a topic for discussion at the time of sentencing. A motion will need to be drafted and set for hearing unless the State will agree to stipulate to a credit figure and the Judge is willing to sign a stipulated order, if it was not handled at that time.

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