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
We are not sure that the new early release will benefit offenders that have violence in their case (a gun constitutes violence), sorry to say. The issue with having a prior incarceration is that the judges are harder on repeat offenders. Your fiance has all the elements (repeat, gang, firearm, ex-con) of someone that is not a great candidate for leniency.
Subject: Sentencing questions
The probation violation is the problem. More than likely, they are in no hurry to bring your brother before the judge. No bail means they think he will be remanded after the hearing and is likely to serve all or part of the original sentence he got probation on. We have written quite a bit about the perils of violating probation. The legal system has no patience or sympathy for the flaunting of the leniency he was provided. To find...
Read moreSubject: Sentencing questions
Let's pretend that the Bill passes. It will not go into effect until late next year if it is not held up politically. Then the State will produce a document that will outline how the Bill will work and who exactly may benefit from it. Then the inmates that think they fit within the parameters of this law's guidelines will make their application. The application is reviewed and he is accepted. He goes back to his original sentence that is...
Read moreSubject: Sentencing questions
The mandatory minimum for a felony gun possession is five years. Everyone that has been incarcerated knows 100% that they cannot be within 500 feet of an empty shell casing, much less with gun that belongs to someone else.
Subject: Sentencing questions
All inmates begin their sentence with the good time calculated in the first out-date. Inmates cannot get mroe good time, they can only lose what they are granted. In most state and all federal sentences the inmate must serve 85%. Getting a high school diploma and then adding college while locked up is the best thing your inmate could do for themselves. This will give him a real chance to succeed in society like most good citizens.
Subject: Sentencing questions
It would appear the next step would be to explore all your appellate options. If there were issues at trial that could be challenged on appeal due to judicial error, then there is a chance the case could be retried. If you want to challenge the length of the sentence, use a post-conviction attorney. This lawyer is going to have to find very similar cases where the "disparity in sentencing" would causes the court to force the judge rethink the...
Read moreSubject: Sentencing questions
You can contact the Clerk of the Court where he is being sentenced. Once it is over, you can get the information from them just like attorneys do.
Subject: Sentencing questions
The 45 days is probably not going to earn any good time. That 45 days starts from the minute he was picked up, regardless of where he is or will be held.
Subject: Sentencing questions
Third time probation violation DUI is not going to end well. Depending on how much time is left on his original sentence, he will have to do at least what is left plus potentially more. If we are looking at more than a year, he might have to do it in state rather than county (county jail inmates are not usually there longer than a few months, they don't have the room for long-term inmates).
Subject: Sentencing questions
We can't really give you a definite answer as the various courts are dealing with DUIs in a more agressive manner. This is the second time which adds to the unknown. Was anyone hurt or was there property damage? The bst advice is to call the facility and ask to speak to the counselor.


