A Florida appellate court has ruled in favor of Ruben Chimale, who sought additional credit for time served in a foreign jail. The case, filed under docket number 1D19-1205, centered on Chimale's request for 97 days of additional credit for time spent in an Argentine jail while awaiting extradition to Florida. The ruling is significant as it clarifies how courts may award credit for time served in foreign jails, impacting similar cases in the future.
The court's decision came after Chimale appealed a denial from the Circuit Court for Leon County, where Judge Angela C. Dempsey presided. Chimale argued that he was entitled to more credit than the six days originally awarded by the sentencing court. This case raises important questions about the rights of defendants and how time served in foreign jurisdictions is calculated in Florida.
Chimale's legal battle began when he was extradited from Argentina to Florida. At sentencing, the trial court granted him six days of credit for the time he spent in custody in Argentina. However, Chimale later filed a motion for postconviction relief, claiming he was actually held for 97 days. This claim led to a review of the records and ultimately to the appellate court's decision.
The court ruled that while most of Chimale's claims were not supported by the record, there was an error in the calculation of his time served in Argentina. The court noted that the records indicated Chimale was held for eight days, rather than the six days initially credited. The court stated, "the time of detention suffered by Chimale in this country for the present extradition procedure was between July 19, 2012 and July 26, 2012." This finding led the court to reverse part of the trial court's order.
The appellate court emphasized the importance of accurately calculating time served for defendants held in foreign jails. The court stated, "the trial court has discretion to award, and should consider awarding, credit to defendants for time served in foreign jails while awaiting transfer to Florida, particularly when the defendant was incarcerated in another state solely on Florida charges." This ruling reinforces the principle that defendants should receive fair credit for all time served, regardless of where that time was served.
The impact of this ruling extends beyond Chimale's case. It sets a precedent for how Florida courts may handle similar claims for foreign jail credit in the future. Defendants in similar situations may now have a clearer understanding of their rights to claim credit for time served in foreign jurisdictions. This ruling could lead to more defendants seeking to have their time served accurately calculated, potentially affecting sentencing outcomes.
Moving forward, the trial court will need to reassess Chimale's case to determine if he should receive the additional two days of credit for his time in Argentina. The appellate court has remanded the case back to the lower court for this consideration. The decision highlights the ongoing legal complexities surrounding extradition cases and the treatment of defendants who have been held in foreign jails.
As for what’s next, it remains to be seen whether Chimale will appeal the decision further or if the trial court will grant the additional credit as instructed. The court's ruling is not final until any timely motions are resolved under Florida Rules of Appellate Procedure. This case serves as a reminder of the importance of ensuring that all aspects of a defendant's time served are accurately accounted for in the judicial system.











