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Out-of-State Jail Credit in Florida: What Ghoneim v. State Means for Your Case
A January 2026 Florida Appeals Court Ruling Clarifies the Proper Procedure for Seeking Credit for Time Served in Other States
| Key Takeaway If you served time in another state before being sentenced in Florida, you may be entitled to jail credit. However, you must file the correct motion (Rule 3.850, not Rule 3.801) and act within the two-year deadline. Even if you file under the wrong rule, the court must treat your motion as properly filed and give you a chance to amend. |
Understanding the Ghoneim Decision
On January 16, 2026, Florida’s Second District Court of Appeal issued its decision in Ghoneim v. State, No. 2D2025-0350. The ruling reversed a Pinellas County Circuit Court decision that had summarily denied Ehab Moustafa Ghoneim’s motion seeking credit for time he spent in jail in Cook County, Illinois. Consequently, this decision provides important guidance for defendants seeking out-of-state jail credit in Florida criminal cases.
The Facts of the Case
Ghoneim filed a motion under Florida Rule of Criminal Procedure 3.801, arguing for credit for time served in Illinois. The postconviction court summarily denied the motion, concluding that Ghoneim generally must raise out-of-state credit claims in a Rule 3.850 motion instead.Furthermore, the court did not give Ghoneim an opportunity to amend or refile his claim.
| Understanding the Rules Rule 3.801: Used to correct jail credit errors where credit is owed as a matter of law (typically in-state time served on the same case). Rule 3.850: Used for broader postconviction relief, including claims that require showing ineffective assistance of counsel. |
Why Out-of-State Credit Is Different
Under Florida law, out-of-state jail credit is not something a defendant is automatically entitled to as a matter of law. The Second District Court of Appeal cited two key precedents: Kronz v. State, 462 So. 2d 450 (Fla. 1985), and McRae v. State, 820 So. 2d 1048 (Fla. 2d DCA 2002) (en banc). Therefore, because out-of-state credit requires a showing beyond mere entitlement, it must be sought through the proper procedural vehicle.
The Proper Procedure: Rule 3.850 Motion
According to Garnett v. State, 957 So. 2d 32 (Fla. 2d DCA 2007) (en banc), the proper method to seek out-of-state jail credit is through a timely Rule 3.850 motion alleging ineffective assistance of trial counsel. In other words, if your trial attorney failed to ensure you received proper credit for time served in another state, that failure may constitute grounds for postconviction relief.
Comparison: Rule 3.801 vs. Rule 3.850
| Factor | Rule 3.801 | Rule 3.850 |
| Type of Credit | In-state jail credit owed as a matter of law | Out-of-state credit requiring additional showing |
| Legal Basis | Automatic entitlement | Typically requires ineffective assistance claim |
| Time Limit | No specific deadline | Two years from judgment becoming final |
| Amendment Rights | Limited | Full right to amend if facially insufficient |
| Critical Warning: Two-Year Deadline Rule 3.850 motions must be filed within two years of your judgment and sentence becoming final. If you believe you are entitled to out-of-state jail credit, do not delay. Missing this deadline could permanently bar your claim. |
The Court’s Ruling: Substance Over Form
The Second District Court of Appeal reversed the lower court’s denial, holding that the postconviction court should have treated Ghoneim’s claim as if it had been filed under the correct rule. This principle comes from Gill v. State, 829 So. 2d 299 (Fla. 2d DCA 2002), which established that courts must treat properly pleaded claims as if filed in a properly styled motion, regardless of how the defendant labeled the motion.
Your Right to Amend a Facially Insufficient Claim
Additionally, the Court of Appeal emphasized that because Ghoneim filed his motion within the two-year limit of Rule 3.850(b), he had the right to amend any facially insufficient claim. Florida Rule of Criminal Procedure 3.850(f)(2) codifies this right, which the Florida Supreme Court affirmed in Spera v. State, 971 So. 2d 754 (Fla. 2007).Specifically, the appeals court remanded with directions for the postconviction court to permit Ghoneim to file a facially sufficient Rule 3.850 motion within sixty days.
| Case Study: Ghoneim v. State (2D2025-0350) Ghoneim sought credit for time served in Cook County, Illinois, but filed his motion under the wrong procedural rule. The postconviction court summarily denied the motion without giving him a chance to amend. The Second District Court of Appeal reversed, holding that courts must treat properly pleaded claims under the correct rule and allow timely amendments. Result: Reversed and Remanded for Amendment |
What This Means for Tampa Bay Defendants
If you were arrested or detained in another state before your Florida criminal case was resolved, the Ghoneim decision is directly relevant to your situation. Moreover, this ruling applies throughout the Second District, which includes Hillsborough, Pinellas, and Pasco Counties. Here are the key points to understand.
Steps to Seek Out-of-State Jail Credit in Florida
| Step | Action | Deadline |
| 1 | Gather documentation of out-of-state incarceration | As soon as possible |
| 2 | Consult with a criminal defense attorney | Before filing any motion |
| 3 | File Rule 3.850 motion with IAC claim | Within two years of final judgment |
| 4 | If denied, amend within court-ordered timeframe | Typically 60 days |
| 5 | Appeal adverse rulings if appropriate | Within 30 days of final order |
Documentation You Will Need
To successfully pursue out-of-state jail credit, you will need to gather evidence of your incarceration in the other state. Specifically, this includes certified jail records showing your booking and release dates, documentation connecting your out-of-state detention to your Florida case, and evidence that your trial counsel failed to pursue this credit. Furthermore, an experienced Tampa criminal defense attorney can help you obtain and organize this documentation.
Frequently Asked Questions About Out-of-State Jail Credit
Out-of-state jail credit refers to credit against your Florida sentence for time you spent incarcerated in another state. However, unlike in-state jail credit, this is not automatically granted. Instead, you must typically show that your out-of-state detention was related to your Florida case and that you have a valid legal basis for the credit.
While you can file a pro se motion, the Ghoneim case demonstrates the risks of doing so without legal guidance. Filing under the wrong rule can delay your relief. Therefore, consulting with a Tampa criminal defense attorney who understands postconviction procedures is strongly recommended.
Under Florida Rule of Criminal Procedure 3.850(b), you must file your motion within two years of your judgment and sentence becoming final. Additionally, if your motion is facially insufficient, you have the right to amend it within the timeframe set by the court, typically 60 days.
According to the Ghoneim decision, the court must treat your claim as if it had been filed under the correct rule. Furthermore, if your claim was timely filed, you should be given an opportunity to amend any deficiencies. Nevertheless, navigating this process can be complex, which is why experienced legal representation is valuable.
Because out-of-state jail credit is not automatically granted as a matter of law, you typically must show that your trial attorney failed to properly pursue this credit on your behalf. Specifically, this ineffective assistance of counsel claim provides the legal basis for seeking relief through a Rule 3.850 motion.
If you have missed the two-year deadline for Rule 3.850 motions, your options may be limited. However, there may be exceptions depending on your specific circumstances. Therefore, consulting with an experienced Tampa criminal defense attorney is essential to explore all possible avenues for relief.
How The Brancato Law Firm Can Help
Tampa Criminal Defense Attorney Rocky Brancato brings over 25 years of criminal defense experience to every case. As the former Chief Operations Officer of the Hillsborough County Public Defender’s Office, he has extensive experience with complex postconviction matters, including motions for jail credit. Additionally, his deep understanding of appellate procedure and Florida criminal law makes him uniquely qualified to handle out-of-state jail credit claims.
If you believe you are entitled to credit for time served in another state, contact The Brancato Law Firm, P.A. today. We will review your case, gather the necessary documentation, and file the appropriate motion under the correct procedural rule.
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