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Subject: Sentencing questions

Probation violations are not usually easy on the offender. We have no idea of his history, etc to give you any estimate. If you have more information to share about the previous charges we will try and narrow down a potential sentence.

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Subject: Sentencing questions

The new retro active law for nonviolent offenders is a federal statute that is related to a change in sentence calculations for certain drug offenses. If this is a federal sentencing question, inmates that are eligible can apply with their case manager. They will know if your inmate's sentence is provisional for a reduction. The 50% and 35% you mentioned is not something we are familiar with.

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Subject: Sentencing questions

The "work release program" is designated for inmates who are doing time and have worked their way down custody status levels. Work release is at the very end of the spectrum - right before release giving the inmate some incentive for good behavior and following the programming recommendations of their counselor. As far as family services go, since this is pre-trial, there is little to offer the program directors if there is no disposition. The programs available to the indigient

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Subject: Sentencing questions

A suspended sentence means that although the judge is imposing a prison sentence, they are not requiring you to do the time - you get a "Get out of Jail - Free" card. If you HAD a suspended sentence and have violated, then you will have to do 85% of the 360 days.

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Subject: Sentencing questions

You have to get a copy of the Judgement and Commitment Order. The language written by the judge is what the department of corrections follows. Without this Order, you will not know which out date is the correct one. Concurrent means they run together, consecutive means one after the other.

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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. 

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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.

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Subject: Sentencing questions

We are not familiar with the "10% rule". There are several places with over-populated county jails where male inmates often are released after serving as little as 10% of their sentences and female prisoners after 5%. This is not prevalent everywhere, just in extreme over-crowding where they can justify the unusual practice.

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Subject: 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

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