Probably nothing more than the county jail
My fiancé is in sevier county annex. Its his 3rd dui, he hasn't had one since 2001. Will that matter and does he get good days??? How long do u think he will have to do??
There is no way for us to know or guess what the outcome will be without more information. Did this charge involve an accident or injury to people or property? All of the factors surrounding his previous charges and their penalties will be used to determine how they will proceed in this third charge.
If all programs that are mandated by DOC are completed and the inmate has no misconduct for 16 years or any other situations and the sentence is a 10 to 20 years when should he be paroled. Sentenced in 2001 and still is there.
The parole threshold dates are set by the judge in his Judgement and Commitment Order. If the inmate has already served 80% of their sentence, there were either no parole opportunities offered or they were denied. We know that the states offer 15% good time and if your inmate does indeed have a clean record, he might be within a year of being released to a halfway house. Of course, we are guessing because we do not have the benefit...Read more
The short answer is a qualified maybe (and that is a long shot). When a defendent accepts a plea, part of the agreement they sign is they are "waiving their right to an appeal". So on it's face, there can be no appeal - which is the only way to get the sentence changed. When the plea is presented, the prosecutor's offer is not always accepted by the judge. If you take a plea, you are at the mercy of the...Read more
my boyfriend was sentenced on september 15,2016 is he sentenced to straight time or county time? does all the time he is incarcerated before sentencing count?
We have no idea where he is going to do his time, but every day that he is incarcerated, no matter where he is being held, is credit towards the sentence that was just imposed. SO, all the time he's done to date is like "money in the bank."
Hello I have a question my brother is in county jail for probation violation and dwi 3rd or more. He has no bond and is already in jail for 32 days. How long after being arrested, does an inmate have to wait before he/she sees the judge? How can I find out if he has been sentenced yet? Is there anyway of you finding out what the current status is? I'm in Germany and have no way to find out from here.
The probation violation is the problem. More than likely, they are in no hurry to bring your brother before the judge. No bail means they think he will be remanded after the hearing and is likely to serve all or part of the original sentence he got probation on. We have written quite a bit about the perils of violating probation. The legal system has no patience or sympathy for the flaunting of the leniency he was provided. To find...Read more
Hi, my husband is in Dueul Vocational Institute in Tracy,Ca now there is a bill that's might pass on November 2016 called the Public Safety (its an enhancement for the second strikers non violent offenders) when this law goes thru how long will it be before the inmate gets to see this in effect? My husband was sentenced to sixteen months- doubled on second striker law, he went in on june 16 to county jail, then to DVI on Aug 11 2016 where do they start the time from? county or state? and the double time could be dropped leaving 8 months which is ???? also state time from Aug to Sept (so far) is 1 day served = 2 day credit which is?? hes already served his time then, so when is it that will release him legally?
Let's pretend that the Bill passes. It will not go into effect until late next year if it is not held up politically. Then the State will produce a document that will outline how the Bill will work and who exactly may benefit from it. Then the inmates that think they fit within the parameters of this law's guidelines will make their application. The application is reviewed and he is accepted. He goes back to his original sentence that is...Read more
The mandatory minimum for a felony gun possession is five years. Everyone that has been incarcerated knows 100% that they cannot be within 500 feet of an empty shell casing, much less with gun that belongs to someone else.
Can violent offenders in California get time off with good behavior and doing school (high school diploma/ college)??
All inmates begin their sentence with the good time calculated in the first out-date. Inmates cannot get mroe good time, they can only lose what they are granted. In most state and all federal sentences the inmate must serve 85%. Getting a high school diploma and then adding college while locked up is the best thing your inmate could do for themselves. This will give him a real chance to succeed in society like most good citizens.
Two brothers was sentenced to 50 to life after having a brother passing away a few months before, for supposedly shooting at a person and he say she say they didn't have any real evidence or proof but statements from others and one guy that was suppose to be their friend that got locked up before the two brothers got out by blaming the two brothers, a Detective said there was a body found from this but never was mentioned in court. But the two brothers was charged with attempted murder and gang enhancement, and other stuff I believe but is it OK or fair or possible that all the time they received is right and can they time be reduced?? Please inform me
It would appear the next step would be to explore all your appellate options. If there were issues at trial that could be challenged on appeal due to judicial error, then there is a chance the case could be retried. If you want to challenge the length of the sentence, use a post-conviction attorney. This lawyer is going to have to find very similar cases where the "disparity in sentencing" would causes the court to force the judge rethink the...Read more