Monday, November 30, 2015

Do you get Credit for Time Previously Served on a Sentence with a Minimum Mandatory? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     When someone is sentenced for a crime with a mandatory minimum charge is the time they've served in jail counted towards the minimum mandatory sentence? My fiance was sentenced to 48 months 3 yr minimum mandatory he already has 142 days in jail does that count towards his mandatory sentence?



A:     Chosen as "Best Answer" by Asker on www.AVVO.com
Licensed in FL



1

Helpful vote
Best Answer
chosen by asker
Answered . Yes.

His 142 days will count toward his sentence.

He will serve the first 3 years (36 months) day for day (accruing NO gain time) and then, absent any disciplinary or other issues, his last 12 months will be subject to the 85% rule.

Regardless he will get credit for each of 142 days previously served.

As an aside, once he is transferred into State custody from local the inmate goes to a classification center for DOC processing and designation to a facility. This usually takes a few weeks and then the inmate is delivered to his FL-DOC institution.

You can track FL-DOC inmates, and get all contact, visitation and commissary information at the following link:

Please see: http://www.dc.state.fl.us/activeinmates/search.asp

You can also track his release / proposed release status at the following link:
Please see:  http://www.dc.state.fl.us/inmatereleases/search.asp

If you believe that the proposed release date (gain time, credit time, etc) is incorrect then you are free to contact the classification officer at the designated facility and make inquiry, and, if you do not
get an adequate reply then you can contact DOC directly at the following link:

Please see: http://www.dc.state.fl.us/orginfo/contact.html

Only in the event that you are unable to reach a satisfactory answer from either the website, the classification officer or the FL-DOC administration should you consider filing a motion with the sentencing Court for clarification of the sentence.

I hope that I have been helpful in answering your question.
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