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Subject: Sentencing questions

The sentencing phase is based on a point system set up by the legislature that writes the laws. The higher the points, the longer the sentence. The judge has discretion to determine the sentence, there are a few factors with which to base their determination: criminal conduct history; was the offender the main actor in the crime; were there victims that were injured or killed; were there aggravating circumstances when an offender was particularly cruel to a victim - the

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Subject: Sentencing questions

85% of 16 months is 13.6 months. If he has 6 months in, then he has 7.6 months left to serve

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Subject: Sentencing questions

Release dates are not available in all instances. If federal you can look on the bop.gov website where it is posted. If it is a state sentience, some of them have the information posted on the state DOC website. If you call the facility and ask to speak to the inamte's counselor or case manager, you might get their release date.

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Subject: Sentencing questions

The general rule from the prosecution's position is they are not happy having to try any case, no matter the county or state. They want you to plead guilty and take what they offer which keeps their docket clean and they may remain lazy. If you want to fight back, they will fight dirty and if you lose they will try and get you the harshest sentence possible. A guilty verdict will most probably come with some state prison time.

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Subject: Sentencing questions

The federal judge in this case has a guideline that they must go by. The factors are criminal history, level of violence, money involved and the basic points of the crime. Once they have a range, it is entirely up to the judge. The prosecutor will make their recommendation, if your daughter is pleading to a charge that was negotiated, then she will know what they are suggesting. They have already told her that they can only recommend the sentence,

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Subject: Sentencing questions

Inmates relegated to the SHU are sent there to segregate them from the general population for investigation of an incident or for punishment of a new charge. There is no set time that anyone on the outside could ever find out. This is all handled internally by the upper level management from the warden, to the associate warden to their captain and lieutenants. There is NOTHING anyone on the outside can do during this process, there are no legal representations

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Subject: Sentencing questions

For federal sentences, the date posted on the federal website bop.gov is the release date of record. This date includes the 15% good time credit that is factored in on the day you arrive. The only change to this date happens if you do something unwise (incident reports requiring punishment) where they take days or weeks away from this privilege, OR you have completed the RDAP program, which will affect the out date by up to 12 months OFF the

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Subject: Sentencing questions

First, the 7th violation is going to raise some eyebrows with the court. Someone, somewhere is going to make an example out of her and give her some real time in a real penitentiary. Maybe it is what she needs? Secondly, sneaking drugs into a jail creates a whole new scenario that will be part of the pre-sentence report filed before her ultimate penalty is determined. Introducing contraband is a felony and 30-days in the SHU is not harsh, in

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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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