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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