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Florida Rules of Criminal Procedure RCRP Rule 3.801. Correction of Jail Credit

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Correction of Jail Credit. A court may correct a final sentence that fails to allow a defendant credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes.

(b) Time Limitations. No motion shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final.

(c) Contents of Motion. The motion 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.

(d) Successive Motions. No successive motions for jail credit will be considered.

Florida Rule of Criminal Procedure 3.850 The following subdivisions of Florida Rule of Criminal Procedure 3.850 apply to proceedings under this rule: 3.850(e), (f), (j), (k), and (n).

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Cite this article: FindLaw.com - Florida Rules of Criminal Procedure RCRP Rule 3.801. Correction of Jail Credit - last updated January 01, 2025 | https://codes.findlaw.com/fl/florida-rules-of-criminal-procedure/fl-st-rcrp-rule-3-801/

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