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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

zero time unless he hurt someone or has a bunch of reckless driving charges on his record

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Subject: Sentencing questions

Carswell is federal and unless she qualifies for RDAP, she will do 85% of 30 months (which is 25.5 months). If she can get into RDAP, that will take a full 12 months off her 30-month sentence and give her 6 months of halfway house, too. The benefits are fantastic if she can get accepted into the Program.

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Subject: Sentencing questions

This is going to depend on the number of people affected by the crime, the amount of money "lost" from the actions of the defendant and their criminal history are all mitigating factors in the sentence determination. It could be years frankly.

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Subject: Sentencing questions

Usually, the good time in state prison is 15%, however, in state cases, there might be the possibility of parole. If the judge allows for parole in their Judgment and Commitment document then the offender might be looking at their first parole hearing in about 32 months. If no parole is offered, 85% of 96 months is about 82 months.

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Subject: Sentencing questions

It means that they have already served 10 days of a 45-day sentence.

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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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