The “Shawshank” Lottery: Can You Keep Your Freedom if the Prison Lets You Go by Mistake?

By: John Guidry

Imagine going “Shawshank” due to a simple clerical error. It happens to a lucky few prisoners who win the government error lottery. One such incident is documented in the Florida case of Drumwright v. State, 572 So. 2d 1029.

The Lucky Error: For a while, Mr. Drumwright was the luckiest guy around.

• The Sentence: He received a 30-year prison sentence.
• The Mistake: The Clerk of Court wrote it down as 30 months.
• The Release: As per typical government efficiency, he was released after serving only 30 months.

The Reality Check: All good things must come to an end. Someone caught the mistake, and Drumwright was hauled back to court to serve the rest of his 30 years. The Question: Does he get credit for the time he spent living free?

Did the prison release you early by mistake?

Don’t pack your bags yet. Call John today at (407) 423-1117.

The “No Fault” Rule (Drumwright)

The answer depends on who is at “fault” for the early release. The Drumwright court held that if a defendant does not contribute to his mistaken release, he is entitled to credit for the time he was free.

• The Logic: Because Drumwright didn’t trick anyone—he just walked out when they opened the door—the State couldn’t penalize him for their error. He got credit for his “street time” as if he had been in prison.

The “Duty to Speak” Trap (Gaines v. Florida Parole Commission)

Unfortunately, Florida courts have gotten a tad more ridiculous. In Gaines v. Florida Parole Commission, 962 So. 2d 1040 (Fla. 1st DCA 2007), Mr. Gaines also won the release lottery.

• The Facts: He was released early by mistake before being sent to DOC for a VOP sentence. He moved to New York and lived peacefully.
• The Ruling: The Court DENIED him credit for his time at liberty.

Why? Because he didn’t complain. The Court ruled that Gaines had a duty to notify the Department of Corrections of the mistake.

“He should have complained to the jail, or notified the Department of Corrections.”

The Absurdity: Really? This court requires a prisoner to complain about their early release? In Orlando, a complaint about innocence often gets ignored, yet we expect inmates to audit the Clerk’s math? The message is clear: If you know (or should know) it’s a mistake, your silence is “Fault,” and you lose the credit.

John’s 2026 Update: The Failed Reform & The Digital Trap

Note: In 1990, clerical errors were paper typos. In 2026, errors are digital, and the laws are unforgiving.

1. The “Duty to Report” is stricter than ever Since Gaines, no major case has overturned the “Duty to Speak.”

• The 2026 Reality: If you are released early, and your paperwork clearly says “Sentence: 5 Years” but you are out in 2, prosecutors argue you knew it was wrong.
• My Advice: If you get released unexpectedly, you must document your inquiry. If you ask, “Am I really free?” and they say “Yes,” get it in writing. That is your only shield against the Gaines trap.

2. The Failed Reform (HB 183 Died in 2025) There was hope for relief. House Bill 183 (2025) proposed reducing the “Truth in Sentencing” requirement from 85% to 72%, which would have legalized many early releases.

• The Bad News: The bill died in committee in June 2025.
• The Result: The 85% rule remains the law of the land. There is no statutory “good behavior” shortcut that bypasses a mandatory sentence.

3. The “Digital Audit” Risk In the Drumwright days, errors could go unnoticed for years.

• The Tech: Today, Florida DOC uses automated auditing algorithms. “Mistaken releases” are often caught within days or weeks, meaning you likely won’t build up enough “street time” to make a difference before they come for you.

Silence is Not Golden

If you are released early, enjoy the fresh air, but don’t get comfortable. The Gaines rule means the State can snatch you back and give you zero credit for the time you spent behaving yourself.

Call me at (407) 423-1117. Let’s check your release date.

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.