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Subject: Sentencing questions

Probably nothing more than the county jail

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Subject: Sentencing questions

There is no way for us to know or guess what the outcome will be without more information. Did this charge involve an accident or injury to people or property? All of the factors surrounding his previous charges and their penalties will be used to determine how they will proceed in this third charge.

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Subject: Sentencing questions

The parole threshold dates are set by the judge in his Judgment and Commitment Order. If the inmate has already served 80% of their sentence, there were either no parole opportunities offered or they were denied. We know that the states offer 15% good time and if your inmate does indeed have a clean record, he might be within a year of being released to a halfway house. Of course, we are guessing because we do not have the benefit

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Subject: Sentencing questions

The short answer is a qualified maybe (and that is a long shot). When a defendent accepts a plea, part of the agreement they sign is they are "waiving their right to an appeal". So on it's face, there can be no appeal - which is the only way to get the sentence changed. When the plea is presented, the prosecutor's offer is not always accepted by the judge. If you take a plea, you are at the mercy of the

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Subject: Sentencing questions

We have no idea where he is going to do his time, but every day that he is incarcerated, no matter where he is being held, is credit towards the sentence that was just imposed. SO, all the time he's done to date is like "money in the bank."

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Subject: Sentencing questions

We are not sure that the new early release will benefit offenders that have violence in their case (a gun constitutes violence), sorry to say. The issue with having a prior incarceration is that the judges are harder on repeat offenders. Your fiance has all the elements (repeat, gang, firearm, ex-con) of someone that is not a great candidate for leniency. 

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Subject: Sentencing questions

The probation violation is the problem. More than likely, they are in no hurry to bring your brother before the judge. No bail means they think he will be remanded after the hearing and is likely to serve all or part of the original sentence he got probation on. We have written quite a bit about the perils of violating probation. The legal system has no patience or sympathy for the flaunting of the leniency he was provided. To find

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Subject: Sentencing questions

The mandatory minimum for a felony gun possession is five years. Everyone that has been incarcerated knows 100% that they cannot be within 500 feet of an empty shell casing, much less with gun that belongs to someone else.

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