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Ask The Inmate - Sentencing questions

Ask a former inmate questions at no charge. The inmate answering has spent considerable time in the federal prison system, state and county jails, and in a prison that was run by the private prison entity CCA.

Ask your question or browse previous questions in response to comments or further questions of members of the InmateAid community.

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.

Subject: Sentencing questions

Depends on the severity of the charges and his criminal history. If he's been in trouble before, that will go against him

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Subject: Sentencing questions

He will do 85% of 72 months or 61.2 months... about 5 years. This 15% is good time credited at the beginning of his bid, he can only screw up and lose that. If he is federal, there is a drug program that will shave off 12 months for successful completion. There are few other ways to gain an earlier release aside from snitching. The government rewards snitches with early release.

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Subject: Sentencing questions

They will start counting from the date they missed their check-in. The judge on the original case will decide what the punishment is, time could be added to the sentence, plus the new charge might make this a big mess

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Subject: Sentencing questions

In most situations, there is a built-in good time credit of 15%. On 66 years, 85% is 56.1 years. If his sentence was in a state court (not federal), there is a chance that the judge in the case added a parole provision. If that is in their Judgement and Commitment Order, then they might be eligible for the first parole board meeting at 1/3 of their sentence.

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Subject: Sentencing questions

Probably nothing more than the county jail

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Subject: Sentencing questions

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.

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Subject: Sentencing questions

The parole threshold dates are set by the judge in his Judgment 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

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Subject: Sentencing questions

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

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Subject: Sentencing questions

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."

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