Criminal Defense
Since 1993
Since 1993
Early Release Mistake? Does Your “Free Time” Count?
By: John Guidry
“I was in prison, and you came to me.” – Jesus (Matthew 25)
You may recall that several weeks ago I wrote about our Florida prisons—specifically the issue of “time served” afforded an inmate due to a prison mistake.
Well, Mr. Peter Dolinger was kind enough to contact me, providing insight into this matter that I’d like to share. Peter has fought such legal battles as a former prison law clerk and now runs a wonderful website worth checking out: www.FloridaPrisoner.com. The website is a voice for what Jesus defined as “the least of our brothers”—Florida’s 100,000+ prisoners.
As you know, our government makes mistakes. Lots of them. Sometimes, a prisoner is mistakenly released early. When the error is caught and they are returned to the system, the big question becomes: Who gets to determine the credit for the time served while under mistaken release?
Has the DOC miscalculated your release date or credit?
Don’t let their mistake become your penalty. Call John today at (407) 423-1117.
The Legal Breakdown: Rule 33-601.604
The Department of Corrections uses Title 33-601.604, “Determination of Credit When Inmate Is Released in Error,” as its guidance.
Under this rule, the DOC is required to give an inmate credit for their “out time” (the time they spent free due to the mistake) only if there is no indication that the inmate “reasonably should have known that the release was in error.”
The “Gestapo” Procedure Peter informed me that the DOC has adopted an administrative rule requiring their staff to employ what he describes as a “Gestapo-like procedure” when a mistakenly released prisoner makes it back into custody. They interrogate the inmate to find any evidence that the inmate suspected the release was too good to be true.
The Conflict of Interest The problem here, of course, is that the DOC is in charge of deciding what should be done about the DOC’s own mistake.
- They made the error.
- They investigate the error.
- They decide if you “should have known” about their error.
It is like letting a doctor decide the damages in their own malpractice case.
John’s Takeaways
- Silence Can Be Costly: If the DOC releases you early, and you have any reason to believe it is a mistake, the courts often expect you to speak up. If you stay silent and they catch you later, they will argue you “should have known” and deny you credit for the time you spent free.
- The “Reasonable” Standard is Vague: What a prisoner “reasonably should have known” is subjective. If the paperwork looked official and the guard opened the gate, why should you assume it was an error? Yet, the DOC often assumes you are a legal expert who tracks your own gain-time math perfectly.
- Check Out the Resource: For those with loved ones on the inside, knowledge is power. Peter Dolinger’s site is a valuable resource for understanding the reality of these administrative battles.
Fight for Your Time
If you or a loved one is facing a sentence calculation error or a revocation of credit, do not rely on the DOC to grade their own homework.
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.