Do I Get Credit for Time Served in Another Jail in Florida?

By: John Guidry

If you have to do jail time, it is absolutely essential to squeeze out every last drop of credit for time served that is legally possible. But a confusing question often arises for people who are arrested out of the area: will the time you spent in another county, another state, or even another country’s jail count toward your Florida sentence?

The answer, frustratingly, is “it depends.”

Facing Jail Time in Orlando? Every single day of credit you are owed matters. Call my office to ensure you receive the maximum credit for time served allowed under the law. Call John Guidry: (407) 423-1117

The Problem: Florida’s Strict “The County Jail” Statute

The entire issue boils down to a single word in Florida’s law on credit for time served (Section 921.161). The statute mandates that a defendant receive credit for time spent in “the” county jail. For decades, courts have interpreted that tiny word to mean only the specific county jail where the charges are pending.

The Harshest Example: Time in a Foreign Jail The case of Chimale v. State, 2020 Fla. App. Lexis 5109 (Fla. 1st DCA 2020), shows how harsh this rule can be. Mr. Chimale was held in a jail in Argentina for 97 days, solely on a Florida warrant, while awaiting transport. The court denied him credit for all 97 of those days because an Argentinian jail is not “the county jail.”

The Gray Area: Time in Another Florida County Jail Technically, the same strict logic applies to time spent in other Florida counties. As the court noted in Gethers v. State, 798 So.2d 829 (Fla. 4th DCA 2001), the statute wasn’t written for “the mobile, prolific offender” and doesn’t explicitly require credit for time served in, for example, a Miami jail on an Orlando case.

The Solution: A Judge’s Discretion

So, are you simply out of luck? Not necessarily. While the law may not require the credit, it does not prohibit a judge from granting it. This is where a persuasive attorney comes in. Appellate courts have made it clear that judges have the power to do the right thing.

The general rule, from Krause v. State, 857 So. 2d 343 (Fla. 1st DCA 2003), is that a trial court has the discretion to award, and should consider awarding, credit for time served in “foreign jails” while awaiting transfer to Florida, especially when the defendant was held solely on the Florida charges.

John’s Takeaways

• Florida law only requires credit for time served in “the” specific county jail where your charge is being prosecuted.
• Credit for time served in other Florida counties, other states, or other countries is NOT guaranteed under the strict letter of the law.
• In a real case, a man was denied credit for 97 days spent in an Argentinian jail while awaiting transport solely on a Florida warrant.
• However, judges have the discretion to award this credit, and appellate courts encourage them to do so to ensure fairness.
• An experienced attorney’s job is to persuade the judge to use their discretion to grant all time served, arguing that it is the just and equitable thing to do.

I have been making these exact sentencing arguments for my clients in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you are facing jail time, we will fight to make sure every possible day of credit is counted.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.