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.
There are a few considerations that must be factored in this because it is possible that a drug program might be substituted for incarceration. Marijuana is becoming more and more a minor offense, the part that is troubling is the 3rd cocaine charge... what the quantity/street value and that might give you an idea of what she is facing. If previous charges are heavily considered, she might have to so some time
Read moreSex crimes have some narrow classifications and none are designed to have much wiggle room for the offender. Federal sentences (and we are guessing this was a crime prosecuted by US Department of Justice) have no possibility for parole in any case. This has nothing to do with the crime, its the same for all federal inmates.
Read moreYou have to start at 85% which is almost 41 months. For him to get any further reduction you will have to revert to the Judgement and Commitment which outlines what he is eligible for if anything above the 15% good time. The new "non-violent law " is actually a federal law and does not pertain to state sentences.
Read moreYes, phone access is available during a short sentence the same way it is for longer ones. Most jails allow calls during designated hours, typically from early morning through late evening, with brief breaks throughout the day. For a 10-day stay, the practical considerations are straightforward. You will need to have a funded account set up with the jail's phone provider before you can make calls, or have someone on the outside set up a prepaid account that you
Read moreHe will do 85% of 24 months, less the 96 days he's already done. By our calculation, that would be about 20.4 months (17.2 months remaining). Starting his bid n Feb 5th, we think his out date would be around June 15th, 2020
Read moreThe outcome depends on a few factors. How much heroin? What there intent to distribute? The range of possibilities can be scary. A public defender is a lawyer, but not an advisable option if they are going to trial. If you are going to plead guilty, they will be just fine.
Read moreNot a good scenario. Since we don't know what he's done five times it's hard to guess the sentence. But, with the criminal history element, it is going to be a longer sentence than before.
Read moreThis depends on the facts in the case - how badly was the other person hurt, was there property damage or was there a restraining order violated? If there were truly no other prior incidents in his criminal history he will unlikely serve any long term sentence. Probably a suspended sentence or probation that would hang over his head. If violated in the future would cause his incarceration for some time.
Read moreGenerally no. Probation and incarceration are two legally distinct forms of supervision, and time spent on probation does not count as time served toward a custodial sentence. The distinction is fundamental. Time served refers specifically to time physically incarcerated, whether in a jail, prison, or in some cases a residential treatment facility that functions as a custodial placement. Probation is a community-based supervision program that allows a person to remain free, albeit under conditions and oversight. Because the person
Read moreWe could only try a guess. If he got a 24-month sentence, the norm is doing 85% of the total. If that is true in his case, he'll do 20.4 months. if he has 100 days in, call that 3.3 months - 17.1 months would take us to July 2020
Read more