A friend of mine was sentenced just recently to 20 years on count 2 and 3 of his original charges in which he was put on probation for in the 1st place when he was sentenced previously on this case, let me back up a little bit. In 2009 he was given a sentence of 10 yrs in which he did 8 1/2 yrs on count 1 (he had 3 counts) and was given probation on count 2 and 3, well since then he has violated his probation and been given 15 yrs on count 2 and 5 yrs on count 3 department of corrections in Florida for failing a urinalysis so my question is this, shouldn't they have given him credit for the time that he has already done(meaning the 10yrs he's already completed) but they are not, there only giving him 680 some days jail credit. So my question is what can be done to help him if anything tia
Q: shouldn't they have given him credit for the time that he has already done?
A: Not necessarily.
As long as there was sufficient potential time left from the original charges to justify 20 years then he can get it, CTS or not.
Still, there is always math to be done and a possible challenge to be levied.
If you want to help then you have but one choice: Hire a criminal appeals lawyer to pull the sentencing documents (original and VOP) as well as the VOP record of the sentencing proceedings, and if there is anything to be filed then you can be assured that a skilled and experienced appeals attorney will do so (they live for that sorta stuff).
Wishing your friend luck and hoping that I have been helpful in answering your question.
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