Q: Discrepancies in Jail Credit Days and Records. What needs to be done?
I am seeking information on behalf of a friend currently incarcerated. While reviewing their case documents, I discovered discrepancies in the judgment and sentence documents, as well as inconsistencies in the case information provided through the Miami-Dade Clerk of Courts' Criminal Justice Records. The judgment and sentence documents, both signed by the same judge on the same date, contain conflicting information regarding the jail credit days. One document indicates 126 days of jail credit, while the other document states 274 days. Furthermore, the case information reveals inconsistencies in the arrest dates listed for the two cases. One record clearly states that the defendant was arrested and booked on January 28, 2013. However, the second case incorrectly states the arrest date as June 25, 2013. Both cases were merged and handled together beginning July 16, 2013, until their closing on October 28, 2013. What steps can be taken to address these discrepancies?
A: The question you ask is best answered by the attorney who handled the case because it is more complicated than you might think. Credit is typically given based on time spent in jail after arrest for a specific case. If two cases are handled together, they may still have differing amounts of credit based on arrest, charge, and resolution dates. this is especially true if the arrests in question happened in different counties or states. If one case has a later arrest date it may receive less credit. The Defendant may wish to consult with a Miami-Dade attorney to discuss the situation. There is a possibility that the Defendant may have agreed to the credit figure reflected in the plea. Either way it is more than likely to correct anything done in 2013.
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