How do you get credit for the full number of days you spend in jail in another county when you have a warrant out of Pasco County, Florida? In a perfect world, your Seattle WA immigration lawyers merely asks the judge at sentencing. Unfortunately, it sometimes isn’t that easy.
Let me give you an example: Let’s say you are on probation in Pasco County and you get picked up on new charges in another county – like Hernando. Generally any new charge would violate your probation out of Pasco and they’d issue a warrant for violation of probation. In most counties, they would execute that Pasco warrant, while you were in the Hernando Jail and you’d have no bond. Thus even if you were able to bond out on the new Hernando charges you were in on, they’d transfer you to Pasco because there was no bond in that county. (If you have no bond in another county, it’s best to wait to bond yourself out because once you are bonded, you do not get credit for any of the days served)
Would you be getting credit for the time you sat in Hernando on the Pasco warrant? The answer should be yes. However the Hernando County Jail is notoriously poorly run and has no clue what the law is. Visit hollislawfirm.com for more
How it should work, if you did not bond out in Hernando, is that you would be getting credit for time served in Hernando on those new charges AND ALSO on the Pasco charge since the Pasco county warrant should have been executed while you were in Hernando. This is a simple premise of jail credit, that it doesn’t matter where you’re serving your time, as long as the out of county warrant was executed. Executed means they told you there was an outstanding warrant and brought you before the judge who told you about it. (It also means they ran the warrant through the computer system – another glitch often misunderstood in Hernando)
In a recent appeal from the Second District Court of Appeal a Pasco County judge missed this point entirely. Her thought was that because the defendant was in Hernando on unrelated charges, he shouldn’t have received credit for the Pasco cases too. This is simply false reasoning. He should have been given jail credit for the Pasco case, regardless of what jail he was in, BECAUSE THE PASCO COUNTY WARRANTS WERE EXECUTED ON HIM WHILE HE WAS IN JAIL.
Now what if there was no warrant out of the other county? Then the guy could have bonded out on the Hernando charge and gone about his merry way regardless of whether or not he was on probation in another county. (Until probation figured it out and violated him) The point to all this is that if he couldn’t bond out of Hernando, because of a warrant from another county, then he should have been given jail credit on the other county’s charge.