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 HIS CREDIT TIME FOR THE 5 MONTHS THEY DIDNT CREDIT HIM FOR

HE FILED A MOTION UNDER 3.800 MOTION TO CORRECT LEGAL SENTENCE WAS THAT A RIGHT MOTION FOR THIS CASE


Asked on 7/24/09, 9:45 am

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

The 3.800 was the correct motion if it was filed w/in 60 days. It must be heard w/in 60 days also. It protects him from the sentence becoming worse. However, if, at some point, he tries a 3.850 to withdraw the sentence, he must be careful that he doesn't get more than what he wants.

The sentence he got is not illegal. Defendants can waive their credit for time served. This is usually done when the state wants the defendant to go to prison, but a deal is worked out where the defendant does the same amount of time the state wanted by waiving the time served and doing time in the county jail. Sometimes it is to the defendant's advantage.

Read more
Answered on 7/24/09, 10:13 am


Related Questions & Answers

More Criminal Law questions and answers in Florida