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
This is where the offender is sentenced for their crime. It is like any court case where you are seated opposite the prosecution but in front of a judge. The prosecution puts on their reasons behind their sentence recommendation, the judge has their Pre-Sentence Report with it's sentencing recommendation and then the defense argues for the offender. Somewhere amid all of the information, the judge casts down their decision.
Subject: Sentencing questions
The inmate will have to do 85% of their sentence. That is for good behavior - all the inmate can do is lose that good time for bad behavior.
Subject: Sentencing questions
Georgia does have provisions that allow certain nonviolent offenders to serve a fraction of their sentence before being released to probation or supervision, and 10 percent is a figure that gets referenced in those conversations. However, it is not a blanket automatic rule that applies to every nonviolent case. Eligibility depends on the specific charge, the sentencing structure, the judge's order, and the discretion of the Department of Corrections.
If her attorney told her she is looking at roughly 3 months...
Read moreSubject: Sentencing questions
No, there are no margins, only guidelines that the judges use to determine the length of the sentence.
Federal Sentencing Guidelines Manual guides judges toward a sentence based on the facts that led to the conviction. The sentencing guidelines are advisory, not mandatory unlike mandatory minimums. Judges are allowed to go below or above someone’s guideline sentence depending on the circumstances of the case.
Here’s an example of how a federal judge uses the guidelines to determine a sentence for a man...
Read moreSubject: Sentencing questions
Did they use a gun? How much was taken? What is the criminal history of the offender? These are factors used to calculate an offender's sentence and where they will do time.
Subject: Sentencing questions
The designation FCI does not mean that you are not going to the camp. The actual description is FCI Aliceville Satellite Camp. The camp is minimum security and is generally for non-violent offenders sentenced to no more than 120 months. Inmates may start out in the FCI Low but after eighteen months may transfer with good behavior. The BOP makes their own custody determinations free of any outside influence, including judges. Our guess is that unless there is something in...
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No problem, questions like yours are why we are here. The FMC Lexington is a medical facility which basically can handle long term care inmates. If you are designated for the FMC and there are no medical issues, you are probably headed for the satellite camp. Either place, 85% of the 33 month sentence must be served. The halfway house and home confinement privileges are not factored in the beginning of your commitment. We are estimating that you will have...
Read moreSubject: Sentencing questions
A three-year sentence is 1,095 days. With 121 days of presentence credit applied, the remaining time to serve drops to 974 days. From there, federal inmates who maintain good behavior earn 54 days of good time credit per year under the First Step Act, which can reduce that figure further over the course of the sentence.
Working through the math, you are looking at roughly 28 months remaining before factoring in any additional good time credits that accumulate going forward.
Being a...
Read moreSubject: Sentencing questions
The gun issue will not be as big a problem if this is a first offense. If there are ANY issues where guns were involved OR if they have a prior felony, this will result in jail time, maybe a sentence as much as five years.
Subject: Sentencing questions
Select defendants are able to serve their entire sentence in local prison (aka jail) under AB 109. Upon release they'll have no supervision. For example, on a 16 month AB 109 sentence, the court has the option of splitting the time in custody and the time of PRCS (post-release community supervision). Because, after good time credits, the actual time in custody is only eight months on a regular, non-split sentence, many people opt to do simply do the time....
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