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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

How is it that he only has to do 35%...?

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Subject: Sentencing questions

You would need to call the Clerk of the Court in the jurisdiction where he was charged and convicted. When calling, ask for the Judgment and Commitment Order. This would be the document that catalogued the fine and/or punishment that the judge signed into the record. They might not give you the information over the phone so you'd then have to order the printing and mailing of the document (for a nominal handling fee) to your home. 

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Subject: Sentencing questions

Depending on where he is, he will likely do 85% of the 36 months or 30.6 months. First-time offenders do the same time as the rest of the inmates.

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Subject: Sentencing questions

Actually, the federal statute is five years on a felon's possession of a firearm. If he gets a shot at parole in 18 months, it means the state did him a favor not getting the feds involved. Hopefully he will do well at his Parole Board Hearing and get out at half way through the three years.

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Subject: Sentencing questions

The treatment facilities are still forms of incarceration which follow the rules of the TDCJ and laws of Texas. All state inmates will do 85% of their sentence before eligible for release unless there is a parole provision in the Judgment and Commitment Order.

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Subject: Sentencing questions

If the sentence is 48 months, with good time credits he will do 85% of the sentence or 40.8 months. The eight he's already done leaves him with 32.8 months remaining, provided he behaves and does not lose the 15% they get when they arrive. There is always the question of parole. If this is a state charge and the judge wrote "parole" in the Judgment and Commitment Order, then he might get a Parole Board Hearing at 1/3

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Subject: Sentencing questions

yes

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Subject: Sentencing questions

Any time you do incarcerated anywhere will go towards an impending or imposed sentence. She will get credit for the four months in county. We can't tell from your question if it's a one or two year sentence you're asking. 

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Subject: Sentencing questions

This combination of factors, a third felony, a parole violation, and new drug charges, stacks up in a way that creates serious sentencing exposure. There is no single number that applies because the outcome depends on the jurisdiction, the specific charges, the nature of the prior felonies, and how the judge weighs all of it at sentencing. The parole violation alone brings back the suspended portion of the previous sentence. Whatever time was hanging over the individual when they

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Subject: Sentencing questions

Without knowing any other information, 8 1/2 years

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