Comments on: Florida appeals court approves ‘gain time’ for a man convicted of an attempted sex crime on a child

By: JD

JD — Thu, 16 Jun 2022 23:25:30 +0000

I was convicted in 1998 and given 8 years with no probation afterwards. I got one year two months gain time for good behavior. The only thing is when I was released that whole good behavior time was transferred to parole and I had to wear an electronic monitor the whole time. So I was kind of released early but it was still under the thumb of the parole office.

By: Ed C

Ed C — Thu, 16 Jun 2022 12:15:29 +0000

In reply to Biol57. If the leaked draft decision in the Mississippi abortion case is any indication, the current court may be more willing to disregard stare decisis than were previous courts. Whether or not that would be applied to sex offense cases is a different question. We've all seen how prejudice often makes for bad law.

By: Biol57

Biol57 — Wed, 15 Jun 2022 01:09:04 +0000

In reply to BWJ. No worries. It was hard to find!

By: Mark

Mark — Tue, 14 Jun 2022 23:23:20 +0000

Ok. Now I am confused as well. The way the top reads, the judge implied that no sex offender convicted of sexual battery is eligible for gain time. But, in my experience, that is simply not true. I got gain time. All three of my tenants got gain time. My new tenant is getting out with gain time. Everyone I know with a sex charge–battery or not–received gain time, unless they were sentenced to a “mandatory minimum”.

Did I miss something?

By the way, I agree, the legislature will likely try to close this up, but that will simply set up a long legal fight about the constitutionality of unequal treatment between different crimes.

By: BWJ

BWJ — Tue, 14 Jun 2022 14:29:19 +0000

In reply to Biol57. Ah, thank you very much.

By: Biol57

Biol57 — Tue, 14 Jun 2022 12:29:55 +0000

In reply to BWJ. "To handle the risk factors of parole, Florida could exclude sexual and child-related crimes from eligibility, like Tennessee." In the linked article on Twitter.

By: BWJ

BWJ — Tue, 14 Jun 2022 01:28:06 +0000

In reply to Elena Advocates. I'm confused, where does it say that?

By: Elena Advocates

Elena Advocates — Mon, 13 Jun 2022 22:26:56 +0000

I don’t know if anyone has seen this new Florida Justice reform post, but once again the author doesn’t seem to have a problem with excluding our population like they did for restoring voting rights:

https://twitter.com/chelseamurphyfl/status/1535600659063611393?s=21&t=PYqHqG4MxUal0piup89f-g

By: Jim

Jim — Mon, 13 Jun 2022 18:50:04 +0000

So, being pre-october 1995, could this mean registration isn’t required of i pled no contest to attempted cap. Sex . Batt. in order to be able to see my family again someday? I ended up doing 7 years.

I had to laugh (inconspicuously, of course) and
when I was back in court once and a new judge and ASA were discussing my sentencing while I was standing there. They were aghast that they’re were no points scored for penetration (which was never even alleged). Idiots. If there’d been penetration, it wouldn’t have been attempted. Registration wasn’t in my CONTRACT with the state. (Then again, neither was anything the state’s passed into law since then. CONTRACT VOIDED! with no harm to the adhering party!)

By: Dustin

Dustin — Mon, 13 Jun 2022 16:18:11 +0000

In reply to Ed C. Before the end of summer wouldn't surprise me. Certainly by the end of the year.