Legal Question in Criminal Law in Florida

MY FIANCE WAS SENTENCE TO 364 IN DADE COUNTY JAIL FOR POSSESIONS OF COC. THE 364 IS DETERMINE TO TERMINATE HIS PROBATION BUT MY FIANCE FILED A MOTION ON HIS OWN HE WAS UNAWARE OF THE THEM WAVING THE CREDIT TIME SERVE WHICH HE NEVER SWORN TO SO WHAT SHOULD BE DONE IS IT A MUST THAT THEY ALLOW HIM TO GET G=HIS CREDIT TIME FOR THE 5 MONTHS THAT THEY DIDNT CREDIT HIM FOR????

SO WOULD IT MATTER IF HE ALREADY TOOK THE PLEA AND DIDNT HAVE NO ACKNOWLEDGEMENT OF IT


Asked on 7/23/09, 8:45 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

He could challenge the fact that he was not aware of or agree to the waiver of time served. However, and there are two of these, if he signed a plea agreement, it should have been explained to him if it was part of that agreement. If the judge just forgot to award credit, then he should be able to get it.

Here is the other however. If he gets his plea withdrawn because the state or the judge will not agree to award the credit, then he will be right back at square 1 and may get a worse sentence. He needs to make sure he doesn't ask for something he doesn't want.

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Answered on 7/24/09, 8:01 am


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