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Subject: Sentencing questions

The actual determination of being sent back to jail or not lis with the judge who presided over the original case. This is where the word of the probation officer has little weight. They are not the final decision maker. They may very well said, "I'll recommend to the judge to please defer sentencing in lieu of enrollment to a rehab center." The judge can take the recommendation or not. In this case, maybe there was something bothering the judge

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Subject: Sentencing questions

That would be up to the original and most recent judge presiding over the case. Most parole/probation violations are sent back to complete the original sentence. The offender was given some leniency and had time taken off their sentence. Going in front of the judge that gave him a second chance does not turn out well in most cases.

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Subject: Sentencing questions

Depending on the prison system that your inmate is in, the typical offender serves 85% of the time imposed. This 15% represents "good time" credited when the sentence begins. Assuming that the inmate has all of their good time intact, 85% of 480 months is 408 months of which 360 have been served. That leaves 48 months or exactly four years left to be served.

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Subject: Sentencing questions

There is not a lot that can be done post-conviction. When an offender signs a plea deal, they are also signing away the right to an appeal. If he had any prior criminal history, this would have some bearing on the length of his sentence. The dollar amount of the crime and the length of the sentence seem excessive to us, too. But, if there are other circumstances that you (we) are not aware of there might be more to

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Subject: Sentencing questions

He will most likely have his privileges cut to the bare minimum (no phone, no commissary and no visits), but if he did not commit a chargeable felony like DUI, it is more than likely he will not get additional time other than the full amount of his sentence. Meaning, if the good time credits he earned are included in this 35 day out-date, he will serve the time that was "good time" which is still a part of the

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Subject: Sentencing questions

Same as other jails. Inmates must do 85% of their sentence unless the jail over-crowding becomes so massive they let the low level, non-violent offenders out early.

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Subject: Sentencing questions

This depends on his criminal history, was anyone hurt and how much damage was done to other's property. Stealing a car is grand theft auto, and it's not a game. He will probably do some time but we are not sure how much.

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Subject: Sentencing questions

He will have to do 85% (good behavior is credited at the beginning of the sentence and is 15%) of 12 months minus the 31 days credit.

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Subject: Sentencing questions

Extra classes DO NOT give sentence reductions unless they are written into State law. County jail time IS definitely considered "time served" and is credited as time on any sentence imposed. The calculations absolutely take all time in custody against any term, even if the offender is only kept for an hour, it counts as one day. The county jail personnel is correct, that this adjustment is up to the state prison staff to apply time from county to the

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