Can the Jail Cheat You Out of “Time Served”?

By: John Guidry

When a person is arrested in Orlando and spends five days in jail before bonding out, we call that “five days credit time served.” It’s a simple concept: if you do the time, you get the credit.

But what happens when you are arrested on two cases, and you spend those same five days in jail? If the system is functioning correctly, you should get five days of credit on each case.

Unfortunately, things don’t always go quite so smoothly. In fact, sometimes the government—whether through incompetence or straight-up malice—tries to rob you of that time. It happens more often than you think, and it involves the jail simply “sitting” on a warrant while you sit in a cell.

Is the jail messing up your credit time served?

Don’t serve extra time for their mistakes. Call John today at (407) 423-1117 for a free consultation.

The Legal Breakdown: Milligan v. State

Let’s look at a case that exposes this tactic. The case is Milligan v. State, 88 So. 3d 1031 (Fla. 2d DCA 2012).

Steven Milligan was on probation for two separate felony charges. Both probation periods were running at the same time (concurrent). This is common; we often package multiple charges into one “global plea offer.” When Milligan picked up a new burglary charge, he violated probation on both cases.

Here is where the system failed him:

• The First Arrest: Milligan was arrested on the first VOP warrant on July 25th. Because it was a VOP, he was held on “No Bond.”
• The Delay: Logic dictates he should have been arrested on both VOP warrants since he was already in custody. Instead, the jail/sheriff waited until October 16th to formally serve him with the second warrant.
• The Math Problem: The judge gave him credit on the first case starting from July. But on the second case, the judge refused to give credit for the time between July and October because the warrant “wasn’t served yet.”
• The Result: That is an 83-day difference. For those of you who aren’t math whizzes, that is nearly three months of his life that the State tried to erase.

The Ruling: Milligan fought this appeal without a lawyer (hats off to him), and he won. The appeals court ruled that he was entitled to credit on both cases from the date of the initial arrest. The court didn’t let the jail’s delay cheat him out of his time.

John’s Takeaways

This scenario is more common in Orange, Seminole, and Volusia County jails than I care to admit. Here is what you need to watch out for:

• Jails “Sit” on Warrants: Whether it’s laziness or a tactic, jails often fail to serve a second warrant immediately. They do this so the inmate doesn’t start earning credit on the second charge until the first one is resolved. It’s dirty, but it happens.
• Concurrent Means Concurrent: If your sentences are running together, your jail credit should too. If you are sitting in a cell, that time should count toward every active case you have.
• Don’t Wait for an Appeal: Milligan won, but appeals take years. If you have a judge who doesn’t understand the law, you might finish your sentence before the appeals court fixes the error. You can’t get that time back.
• Defense Attorneys Must Watch the Clock: It is critical to spot this issue before sentencing. We have to force the issue to ensure the judge calculates the credit correctly on the day of the plea, not years later.

Get the Credit You Earned

You can’t get back lost time. If you are sitting in jail on multiple charges, do not assume the system is doing the math correctly. They usually aren’t.

If you are facing a Violation of Probation or multiple charges in Central Florida, make sure you have someone double-checking the numbers.

Call me at (407) 423-1117. Let’s make sure every day counts.

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.