Wednesday, October 15, 2014

Gain Time / Time off Sentence / Prison / Department of Corrections / Inmate Release Information / Release Date / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    Gain Time from previous prison sentence... My husband had what I think is called a probationary split sentence. 5 years in and 10 years probation. He then had a (technical) VOP and was sentenced to 9 years. The public defender told him he would probably serve about 31 months. With the county jail credits and prison credits, he still shows having 40 months left to serve. I have gone over the credits and the PD figured day for day on prison time. Seems it should have been 5 years credit period. (gain time) as opposed to the day for day. He does not seem to understand my questions and seems reluctant to help. I understand he is not "representing" him but since he was in on the sentencing I would think he could assist with correcting this possible error. My husband did not forfeit gain time and it comes to almost 300 days.


Michael Adam Haber


Contributor Level 20
Answered I'm sorry but its no longer the PD's job. 

DOC calculates release information based upon documents submitted by the Court. 

You can go to FL-DOC's website, plug in your husband's information and get their calculated proposed release date (I will attach a link below). If you are in disagreement with their "math" then they have a procedure to follow to challenge the same, and its all there for you in black and white text. 

Please see:

As a general rule the trial court must credit your husband for time that he actually served in his case against a probation violation sentence. DOC has to take that amount of time "off the top" and then, absent any disciplinary, administrative or statutory basis upon which to tack on more time, they he would serve 85% of whatever time is left. 

I hope that I have been helpful in answering your question.
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Michael A. Haber, P.A. has provided creative criminal defense litigation services since 1991 by effectively representing clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

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