Subject: Sentencing questions
Not a good scenario. Since we don't know what he's done five times it's hard to guess the sentence. But, with the criminal history element, it is going to be a longer sentence than before.
Subject: Sentencing questions
This depends on the facts in the case - how badly was the other person hurt, was there property damage or was there a restraining order violated? If there were truly no other prior incidents in his criminal history he will unlikely serve any long term sentence. Probably a suspended sentence or probation that would hang over his head. If violated in the future would cause his incarceration for some time.
Subject: Sentencing questions
We could only try a guess. If he got a 24-month sentence, the norm is doing 85% of the total. If that is true in his case, he'll do 20.4 months. if he has 100 days in, call that 3.3 months - 17.1 months would take us to July 2020
Subject: Sentencing questions
There is something called "mandatory minimum", we have not heard of a mandatory maximum. Offenders convicted under 924 (c) received an average sentence of 151 months which is about 12 years, however depending on the details of the crime and/or pertinent facts like an injury to a victim or heavy property loss. First time usually has very little to do with the sentencing as this crime is a very serious one.
Subject: Sentencing questions
He's going to have to do 85% of the five years
Subject: Sentencing questions
He will probably have to sit there for a week or so until a magistrate judge sees him. The judge will want to know why he's violating a court order. If the judge believes his answer, he will probably be released shortly. If your boyfriend is defiant and unrepentant, he could sit there for months... for contempt of court. The judge must protect the rights of the person that your boyfriend is bothering. There is no actual sentence time. Just as long...
Read moreSubject: Sentencing questions
If they say he gets out on 3-23-20, that is less than three years so it appears they've included the good time credits all inmates get at the beginning of their bid.
Subject: Sentencing questions
Since we do not know all of the specifics of the case, we would be making a wild guess as to why. Here are some thoughts. Past criminal history is a big factor, and so is going to trial and losing (prosecutors seek the highest possible sentence if they have to take the case to trial). If "conspiracy" was part of the charges, that might increase the sentencing guidelines.
Subject: Sentencing questions
If your inmate got a 24-month sentence in state prison, there is a likelihood that they were granted "good time" credits before the sentence started. The norm is 15%. If that is correct, then the inmate serves 85% of 24 months or 20.4 months. If they have already served 11 months, there are less than 10 months remaining.
Subject: Sentencing questions
He caught a charge, then got bail, then got caught stealing a car? We don't know what the first charge was so it makes guessing harder. Plus we need to know is past criminal history and if he's been in before. There are several determinates that make up the sentence. Just a guess, if there are no priors... 2-3 years