Sentencing Questions — Ask the Inmate
The moment a sentence is handed down, everything changes. Families who were focused on the trial or plea negotiations suddenly have a new set of urgent questions about what the sentence actually means in practice. How long will they actually serve? What facility will they go to? What is the difference between the sentence imposed and the time served? This section covers how federal and state sentencing guidelines work, what mandatory minimums mean and when they apply, how good time credits are calculated from the moment of sentencing, how the Bureau of Prisons designates a facility and whether families can influence that decision, what a split sentence means, and what the difference is between concurrent and consecutive sentences when multiple charges are involved. The guidance here translates the courtroom language into plain answers about what happens next. See also our sections on Sentence Reduction, Inmate Transfer, and General Prison Questions and Terminology.
Call the facility and talk to the counselor, they are regular people. Tell them your concern and ask for their input before either of you make a decision. As for the attorney, let it be known that this inmate thinks attorneys are cowardly liars and hardly any know what the %#&$ is up after the sentence is imposed. Don't pay them another penny. If he has a 24 month sentence (he mightbe looking at 85% of that), this program might
Read moreWithout knowing his prior criminal history, the facts of this case, was there violent or a weapon and the value of the crime, we have no idea what the minimum time served might be. By your question, if he got a 20-year bid in state, he's going to do at least 1/3 of that, if the judge stated he's eligible for parole. If there is no parole option, he will do 85% or 18 1/2 years.
Read moreIn state and federal prison the norm is 85% of the whole sentence. If there is a provision for parole, it could be a lot less. You have ot find out if the judge gave him that option.
Read moreWhat is his criminal history and how much did they value the marijuana?
Read moreThe time spent in county definitely counts towards the imposed sentence regardless if it is classified as a penitentiary or not. The transfer time has to do with bed space and the transfer unit's schedule for that area. If your inmate goes without incident reports and is considered a model inmate, they will consider him for work release near the end of the sentence, sometimes as a re-entry vehicle.
Read moreWe don't know the charges in the second case, but prior criminal history is a major factor in the determination of sentencing. The value of the crime is the other major element along with gun enhancements or violence will contribute. If you feel comfortable laying out the case, we will give you our opinion. Whatever it is, it in not a good situation, my friend.
Read moreDepends on whether they have the opportunity to apply for parole at one-third of their sentence. This does not apply to all state inmates, but there are many more that have it than not. If there is not parole possible, they would do 85% of the imposed sentence.
Read moreFederal sentencing for a twelve month sentence is imposed as "a year and a day", which under the BOP rules makes the offender eligible for 15% good time. That means they will serve 10.2 months. Sentences over one year get good time, sentences less than a year do not. If the judge was not happy with the arrangement they could sentence her to straight 12 months and she would not be eligible for any good time and would have to
Read moreIf he is in federal prison, he will do 85% of his sentence or 71.4 months on 84 months total, unless he takes RDAP and gets a year off of that. If he is in state prison, depending where, he might be eligible for parole which could drastically reduce the seven years. The Judgment and Commitment Order signed by the judge will give you insight as to what exactly are the stipulations of the sentence and if parole is even
Read moreThe time served is normally 85% of the sentence imposed. First time offenders are treated the same as most other offenders, but in this case a probation violation might yield him some earlier release if he is a model inmate but do not rely on this suggestion. "Might" means if there is overcrowding and he is not getting incident reports, etc they could let him go before the 85% but we would treat this like a 10 1/2 month sentence and be surprised
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