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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… Scroll down to read more!

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

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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

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail (sharky[email protected]) on Facebook ( ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog ( and with my "Webisode" series on YouTube (, whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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