Q: How can one get credit for the time they have served on the same case that they VOP’d on? My fiancee had been in prison previously. He had been in prison from 5-9-2010 thru 3-13-2014. He is supposed to get gain time on the 50 months he had previously done which is 7.5. Now he signed for 66 months on a VOP, but he has 51 months already so he should be left with 7 & 1/2 months. Citrus County messed up his paperwork due to a clerical error from his first imprisonment which was four cases ran concurrent, and DOC has not recognized it. I’ve had his attorney put in a motion and nothing has happened. DOC is still not recognizing his gain time he has earned and Citrus County is having him serve 5 more years on cases he has already served. DOC should only be allowed to hold him a maximum of 15 months. I really need some advice since his attorney has yet to answer me as I’ve been diligently calling for over a month now.
A: Chosen as “Best Answer” by Asker on www.AVVO.com:
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