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Blog · January 10, 2017

What do you do when DOC fails to give you Credit for Time Served? ~ Chosen as Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

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:

Locally licensed lawyer

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For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Best Answer
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Answered . Gain time can be forfeit (DOC does not have to recognize it). 

Following is a link to FL-DOC’s FAQ on gain time: 

Please see: http://www.dc.state.fl.us/oth/inmates/gaintime.html


And following is a link to the process and application for restoration of gain time: 

Please see: https://www.flrules.org/gateway/ruleno.asp?id=33-601.105&Section=0 

CTS can be waived (as in for purposes of accepting a plea), but unless CTS is knowingly, intelligentkly and voluntarily waived then your fiance is entitled to it. 

I can also tell you that you can also track your fiance’s release / proposed release status at the following link: 

Please see: http://www.dc.state.fl.us/inmatereleases/search.asp

If you believe that the proposed release date (gain time, credit time, etc) is incorrect then you are free to contact the classification officer at the designated facility and make inquiry, and, if you do not 
get an adequate reply then you can contact DOC directly at the following link: 

Please see: http://www.dc.state.fl.us/orginfo/contact.html 

Only in the event that you are unable to reach a satisfactory answer from either the website, the classification officer or the FL-DOC administration should you consider filing a motion with the sentencing Court for clarification of the sentence. 

Wishing you luck and hoping that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq….more

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Asker
Posted 7 days ago.
Thank you Michael. I can’t tell you how much I appreciate all of your knowledge to help me. I don’t know anything about the laws, for I’ve never had to deal with a situation like this. I’m one person who has a lot less work to do now that you have given me direction. You’ve given me a great gift. Thank you so much
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted 7 days ago.
You’re most welcome, and thank you for the helpful mark.

When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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