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Subject: Sentencing questions

it's not the State it's the Judge deciding on the penalty. First-time DUI, no injuries or property damage, our best guess would be probation and maybe some sort of education about drinking and driving.

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Subject: Sentencing questions

You can be held up to two years in most county jails, but once the offender has been convicted, they serve the bulk of their sentence in state. The time spent in county is deducted from the total sentence.

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Subject: Sentencing questions

Why would they have a court date later than the release date, makes no sense? There must be some pending charge that is unrelated to the current charge.

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Subject: Sentencing questions

It is possible that they have a pending sentence in State that runs consecutively to the bid they are finishing up. Depending on their Judgement and Commitment document signed by the judge, their might be more time to be served 

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Subject: Sentencing questions

8 1/2 years unless they have the option of parole in their Sentencing Memorandum

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Subject: Sentencing questions

You can estimate that they will serve 85% of their sentence. If you want a more definite date, contact the Clerk of the Court where they were sentenced.

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Subject: Sentencing questions

Reception & Diagnostic Center (RDC) is where an inmate is first processed for their sentence in state prison. The intake process includes full medical, psychological, educational, and vocational examinations. This could take a couple of weeks to several months depending on the inmate, their sentence length, previous criminal history, current behavior, and bed space at their designated location where they will be housed for the balance of their sentence.

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Subject: Sentencing questions

It is not common, but it happens more than you could imagine. Sentencing is a slippery slope for a defendant with "prior bad acts" as they can be used against you at sentencing. These acts might be alleged in the past but went unprosecuted. If there is some record of an investigation that went nowhere or a deposition that contained facts that were never prosecuted. The defendant's life history is contained in a Sentencing Memorandum that is filed with the Court.

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Subject: Sentencing questions

Second time in, absolutely no parole. He will do 85% of his sentence this time.

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Subject: Sentencing questions

There is a sentencing date that can be obtained by contacting the Clerk of the Court of the county where they caught their charge. There are sentencing memorandums that both sides submit to the Court for sentencing recommendations. There are mandatory minimums that the judge has to consider, but nothing is known until the judge sets the sentence.

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