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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… Scroll down to read more!

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

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.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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