Credit for time served before sentencing is usually a straightforward matter; it equals the number of days spent in custody from the date of arrest to the date of sentencing. But the clerk, the court, and counsel can sometimes get it wrong. This is especially true when dealing with probation violations when a defendant has spent time in multiple jurisdictions on multiple charges. This article attempts to simplify Rule 3.801, Florida Rules of Criminal Procedure, to clarify how counsel can correct the amount of time served when it has been improperly calculated. |
Rule 3.801 has some basic requirements. Specifically, a motion under Rule 3.801:
1. Must be filed within one year of the date the sentence became final. 2. Shall be under oath. 3. Shall include a brief statement of the facts, including the dates and locations of incarcerations and the amount of time already credited.
4. Shall include whether any other criminal charges were pending during any period of incarceration and, if so,
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the location, case number, and resolution of those charges.
5. State whether any credit was waived and, if so, the amount waived.
6. Must be signed by the defendant certifying that: the defendant has read the motion or that it has been read to the defendant and that the defendant understands its content; the motion is filed in good faith and with a reasonable belief that it is timely filed, has potential merit,
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