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.
When an inmate is sentenced to serve time, an Earned Release Supervision (ERS) date, a tentative release date and a maximum release date are configured. The earned release supervision date is based on an inmate serving a percentage of their sentence. For example, an inmate may be required to serve 85% of a sentence in a facility and is eligible to serve the remaining 15% on ERS. There are many factors that are considered in calculating an inmate’s ERS
Read moreThe custody and security levels are set by the Department of Corrections or the Bureau of Prisons. Their determination cannot be challenged or appealed. Your inmate might have something in his past that has cultivated a profile that brought the administration to determine this level of custody. There could be an issue of available bed space. There is no "supposed to" in prison. Outside forces have no bearing on the way the inside runs it's facilities. You can always call
Read moreYou can check with the Clerk of the Court where he was sentenced. Ask for a copy of the Judgement and Commitment Order signed by the judge. It will have the confinement order and any fine, restitution or court fees owed. If the jail is charging a daily incarceration fee like some jails are now doing, you will have to call them as find out what the rate is.
Read moreWhen sentences run concurrently, defendants serve all the sentences at the same time. When sentences run consecutively, defendants have to finish serving the sentence for one offense before they start serving the sentence for any other offense. If a defendant is convicted of a number of crimes that carry lengthy prison terms, the difference between consecutive and concurrent sentences can be tremendous. The same factors that judges tend to consider when deciding on the severity of a sentence (for
Read moreThe inmate always knows their out-date - your brother knows for sure. You can also call the facility and ask to speak to his counselor or case manager. You might find the information online; if he is in federal for sure, and most of the state websites have their release date.
Read moreYour daughter is entitled to legal representation. Her lawyer will have the charges and explain them to her. The state statute you are referring to 13-3854 is "Arrest without a warrant" The arrest of a person may be lawfully made also by any peace officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one
Read moreA double-digit sentence is at least ten years. If she was moved from the federal detention center it means that the US Attorney is not prosecuting the case. It would appear that the District Attorney is going to try the case in state court, which is why she was transferred to a county jail. If she is convicted, she would go to state prison, not federal prison. Robbery charges are serious and often carry double-digit sentences (up to 25 years)
Read moreThe release date can change as an inmate accrues new charges. There are no guaranteed release dates when you are the property of the government. There is also a possibility that a different jurisdiction has it's own charge and/or warrant which would extend the stay.
Read moreEvery inmate knows the exact date that they will be released. The first person to ask would be them. If you are not able to communicate or doubt their word you can always call the institution and ask to speak with a case manager or unit secretary to see if they will provide you with this information. In some cases this information is available online.
Read moreNOrmally the good time credit is 15% of the sentence. They are given the credit upon commencement, the inmate can only lose this time, they cannot accrue more time.
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