Will I Get Gain Time on a Minimum Mandatory Sentence?

BY: John Guidry II

The question for today is, will I get gain time on my minimum mandatory sentence? And the answer is Yes, and the answer is No. So, it really depends on the charge and the statute. It doesn’t depend on the minimum mandatory sentence and I’m going to show you, I’m going to walk you through how this works.

We’ll start with a Sale & Delivery of Cocaine within a 1000 feet of a public park. Believe it or not, that carries a three year minimum mandatory prison sentence. But, that time does not need to be served day-for-day. That three year minimum mandatory is eligible for gain time. So, you could be out in two and a half years with gain time on that three year min man.

But, take another three year minimum mandatory on an aggravated fleeing and attempting to elude. That three year min man is not eligible for gain time, on that charge you’ve got to serve all three years day for day.

Here’s another example for you. A lewd & lascivious molestation of a child under 12 years old, that carries a whopping 25-year minimum mandatory prison sentence. But, that sentence is eligible for gain time. So, taking into account I’m not a mathematician here or anything, I’m just an attorney, but if you’re sentenced to 25 years on something like that you’ll probably be out in about 21 years with good behavior.

Another example here, we have that 10-20-LIFE law dealing with the discharge of a firearm during certain serious crimes and I would say, you’ve made any crime serious if you’ve discharged a firearm during it, right? But, those minimum mandatories, the 10-year, the 20-year, you’re getting no gain time. Not eligible for gain time. You have to serve all of that time day-for-day, I’m sorry to say.

Drug trafficking though, is an interesting one, because we have minimum mandatories for all drug trafficking’s here in Florida. Depending on the drug and amount, you could get a 3-year min man, a 7-year min man, a 15-year min man, or a 25-year min man. But the good news is, every single one of these is eligible for gain time. All drug trafficking’s are eligible for gain time.

So, I hope this helps you. I appreciate you watching, and good luck on your case, take care.

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.