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
Most if not all juvenile inmate records that you are seeking are not made public based legal requirements afforded to minors. As his mother, you might try calling the facility and ask to speak with the case manager, counselor or unit team secretary to get more information.
Subject: Sentencing questions
Dead time is time spent institutionalized that does not count as credit toward the defendant's sentence. An example would be time spent confined in a mental hospital while the defendant is being restored to competency to stand trial. Halfway house time pending sentencing can also sometimes be dead time.
In the U.S., federal law provides that a defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to...
Read moreSubject: Sentencing questions
In most cases, they will be required to do 85% of the sentence. That is about 30.6 months.
Subject: Sentencing questions
Almost all sentences require that 85% be served. There are variances to this in some county jails where overcrowding causes the administration to release early some offenders serving small terms for non-violent crimes
Subject: Sentencing questions
We need more information to add anything that might help. Let us recap and you help us sense here: Your husband is serving time for violation by his probation officer and contempt of court? What are these dates representing 12/24/15 to 9/23/2016? He has a pending domestic violence charge from 2013 and you want to know what we think his sentence will be?
We want to know his prior criminal history, the number of times he has been incarcerated and the...
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For the prosecution to drop the kind of charges that you are indicating in this question, there would have to be really good reason. We do not think that for your relative's claim this was for cancer will help at all. The prosecutor will undoubtedly tell them that they could have gone the route of every other cancer patient and gotten the drugs legitimately. Our opinion is that they will go hard after them in prosecution and likely both will...
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Many of the website's for the facilities have a release date and others do not. To get an accurate date, you would need to call the facility and ask the counselor or case manager.
Subject: Sentencing questions
You will be visited by someone from the state's Probation Department. They will inspect your home and interview you about how you feel about having your son back home, your expectations, etc. The release date will be available in the package of material from probation. There will be some forms you will have to sign prior to them deeming your home suitable for him to stay there.
Subject: Sentencing questions
Yes, absolutely - and he will go back to where he was released from. He will serve the rest of the time left on his original sentence and might get time more for leaving.
Subject: Sentencing questions
This is a serious charge. Depending on the amount of drugs and if there was any violence, his sentence could be ranging from two years to twenty years. The problem with an estimation is that there is too little information about the offender and the charges to give you a more accurate guestimate.
Subject: Sentencing questions
The new charge is just going to add more time and more paper. The new charge will most likely kill any chance of probation. It could get messy depending on how the pre-sentence report reads and what mood the judge is in. He could choose to be really tough as this keeps happening. The more charges an offender racks up, the deeper the judge goes into the sentencing guidelines. This is figured on a point system and criminal history is...
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This depends on what kind of assault the person is charged with. The criminal history of the offender is another major factor the contributes to the amount of time they might get. We think that the statute of limitations might be have expired if it is a simple assault charge. Or, there are some assault charges (especially involving sex or against a minor) that will never expire and could bring a lifetime of imprisonment.
Subject: Sentencing questions
There are other factors that are to be considered before the sentence is handed down. The third DUI is very serious but the other considerations are if there were injuries to others or if there was any property damage. Also, we would need to know more about this person's criminal history and the factors stated above before we would give an estimated guess.
Subject: Sentencing questions
Typical schedule 2 narcotics are prescription pills. What sort of paraphernalia was found for a drug that fits into this category? Was there any residual remaining drugs in the paraphernalia? Additionally, what is the criminal history of this individual, were there any other drug-related arrests or convictions?
Subject: Sentencing questions
It depends on what stage they are in, in their incarceration. If they are at the beginning before sentencing and in county jail, then yes they will be in the general population. If they have been sentenced and are in (or going to) state or federal prison, the administrative committee that determines custody, security and commitment status are mindful of the possible backlash against this type of inmate that they are segregated or sent somewhere where there are multiple sex...
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