• Loren Rhoton

Correction of Jail Credits in Florida

Florida Rule of Criminal Procedure 3.801 provides that a court may correct a sentence that fails to allow a defendant credit for all of the time spent in the county jail before sentencing. A motion to correct jail credit must be filed within one year of the time that the sentence became final. Fla. R. Crim. P. 3.801(b). A motion filed under Rule 3.801 shall be under oath and include: (1) a brief statement of the facts relied on in support of the motion; (2) the dates, location of incarceration and total time for credit already provided; (3) the dates, location of incarceration and total time for credit the defendant contends was not properly awarded; (4) whether any other criminal charges were pending at the time of the incarceration noted in subdivision (c)(3), and if so, the location, case number and resolution of the charges; and, (5) whether the defendant waived any county jail credit at the time of sentencing, and if so, the number of days waived. No successive 3.801 motions will be allowed, so it is advisable to make sure such a motion includes all of the necessary information and is factually accurate.