Criminal Defense
Since 1993
Since 1993
Will I Get Gain Time on a Minimum Mandatory Sentence?
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.