“Do You Work for Free?” (And How to Get a Discount on Your Prison Sentence)

By: John Guidry

After 22+ years of criminal defense work, certain questions keep coming up. One of the most common is: “Do you do pro bono work?”

In other words, will I work for free? It takes a certain amount of nerve to ask this question. Would you head over to the car dealership and ask them if they’d give away a car? Would you ask a mechanic to fix your transmission for free?

I do give a “Free Consultation.” But a free consultation isn’t free legal representation.

• The Purpose: It allows us to decide if the case is a good fit for the firm.
• The Reality: It is not a “Do-It-Yourself” guide on how to defend yourself. (If you want examples of folks who try to act as their own lawyer, just tune into Tosh.0 or YouTube fails to see how that usually ends).

Looking for honest answers about sentencing?

Don’t guess at the math. Call John today at (407) 423-1117.

The Prison Discount: 85% vs. Day-for-Day

When people aren’t asking me to work for free, they are usually asking: “How much time will I actually serve?”

The General Rule: In Florida, almost everyone is entitled to a discount on their prison sentence. The standard rate is 85%.

• Example: If you get a 10-year sentence, you can be released after 8.5 years if you earn your “Gain Time” (good behavior).

The Exception: Some crimes must be served “Day-for-Day” (100%), meaning zero discount. This usually happens with specific Minimum Mandatory sentences—but not all of them.

The Case: Melvin v. State

This issue came to a head in Melvin v. State, 172 So. 3d 968 (Fla. 1st DCA 2015).

• The Charge: Lewd and Lascivious Molestation of a Child (Under 12).
• The Sentence: This crime carries a heavy 25-year Minimum Mandatory prison sentence.
• The Problem: The Judge ordered Melvin to serve the 25 years “Day-for-Day.”

Basically, the Judge told the prison system: “Do not give this man any gain time. I want him to do the full 25 years.”

Did the Judge Have the Power to Do That? We argued that the Judge overstepped. Judges impose sentences, but the Legislature writes the rules on gain time.

The Victory: Silence Means You Get the Discount

The Court of Appeals agreed with Melvin. They looked closely at the statute. When the Legislature wants to ban gain time, they use very specific language.

Examples of “No Gain Time” Crimes:

• 10-20-Life (Guns): The statute explicitly says the defendant is “not eligible for statutory gain-time… prior to serving the minimum sentence.”
• Aggravated Fleeing: Explicitly says “not eligible for statutory gain-time.”

The Loophole in Melvin’s Case: The statute for Lewd Molestation (Section 775.082) contained no such language. It said “25 years,” but it didn’t say “No Gain Time.”

The Ruling: Because the Legislature didn’t explicitly forbid it, the Department of Corrections must apply the 15% gain time.

• The Result: Melvin’s 25-year sentence could be reduced to roughly 21.25 years. That is a difference of nearly 4 years of freedom.

John’s 2026 Update: Read the Fine Print

Note: The Melvin case is still a great example of why we read every word of the statute.

In 2026, the general rule remains: Unless the statute specifically says “No Gain Time,” you get the 85%.

However, the Legislature has closed many loopholes. Be aware of these traps:

1. Prison Releasee Reoffender (PRR): If you are sentenced as a PRR, you must serve 100% of your sentence. No gain time. Period.
2. Dangerous Sexual Felony Offender (DSFO): Certain designations carry mandatory sentences that can restrict early release.
3. 10-20-Life: Still strictly Day-for-Day.

The Bottom Line: Never assume “Mandatory” means 100%. We always check the specific statute to see if we can claw back that 15% discount. Four years of your life is worth fighting for.

Call me at (407) 423-1117. Let’s do the math on your case.

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.