View Full Version : How Much Time Will My Son Serve?


mperry61
05-30-2006, 04:43 PM
my Sons Probation Was Revoked Today.judge Sentenced Him 5yrs. How Much Time Will He Have To Serve Before He's Released?
Mary

DoingTimeinLove
05-30-2006, 11:57 PM
Depends on what his charge was. If he is eligible for good time he could be out in 2.5 years.. if his charge was violent.. then he would have to serve 85% of his time. Then it also depends on if he is eligible for parole.. and his first parole hearing would be after he does 1/3 of his time. There is alot of different factors that play into time served.

mperry61
05-31-2006, 09:12 AM
When He Was First Arrested He Was Charged With Cds By Fraud,he Was In Jail 8 Months Before Being Sentenced.suspended 5yrs Sentence Put On 5yr. Probation. HE WAS REVOKE FOR DIRTY DRUG TEST.now They Have Revoke His Probation,and Sentence Him His 5yrs.does The 8 Months Count For Anything?or Just The Time He Has Been Waiting To See If He Will Be Revoked.
Thanks Mary

DoingTimeinLove
05-31-2006, 02:24 PM
Yes it does count because he didn't add any extra charges that would increase his time. He is now doing the time for his original charge. Since this is a non-violent offense he would only have to serve half his time minus the 8 months. This would calculate to 22 months of actual time in jail left. He would be eliglibe for parole at 20 months (if i did my math correctly).

adbrick
05-31-2006, 03:02 PM
Yes, Elizabeth, you are right. Here's how it would break down:

Sentence 5 yrs = 60 mons
1/2 his time 2.5 yrs = 30 mons
1/3 time before Parole Elgibilty 1.666 yrs = 20 mons

Now this is just an estimate but it should be somewhere close.

Sentenced in May '06. Must serve 20 mons before parole elgibility. Apply the 8 months already served, PED should be around May '07.

Conditional release date should be Feb '08 after serving 1/2 his sentence.


HTH

mperry61
05-31-2006, 08:10 PM
could he get out any sooner with good time, or doing anything to get out sooner?
thank you so so very much for all the information!!!
mary

DoingTimeinLove
06-03-2006, 06:25 AM
That is the good time calculation

AWOL3
08-13-2006, 08:45 PM
Ok, so my boyfriend said (and we only talked for a minute before he had to go, so I don't know all the details) said that he took a deal to do 2.5 years (not violent offense) instead of going to trial and possibly getting 10 years. I don't know all the info from him- this was a week ago and he just barely got transfered to Madison so he can get mail now- but how much would he have to serve? I don't come to the website often, any help is appreciated. **email address removed per PTO Policy - Please PM Member**
And I don't live in LA, so I don't know all the rules/ regulations.

DoingTimeinLove
08-13-2006, 09:22 PM
Ok, so my boyfriend said (and we only talked for a minute before he had to go, so I don't know all the details) said that he took a deal to do 2.5 years (not violent offense) instead of going to trial and possibly getting 10 years. I don't know all the info from him- this was a week ago and he just barely got transfered to Madison so he can get mail now- but how much would he have to serve? I don't come to the website often, any help is appreciated. **email address removed per PTO Policy - Please PM Member**
And I don't live in LA, so I don't know all the rules/ regulations.

He would have to do a year and 3 months if he is only eligible for good time. If he is only a 1st or 2nd time offender then he's eligible for parolea and then he would only have to do 1/3 of the 2.5 years.

AWOL3
08-14-2006, 10:26 PM
I don't know anything right now and that's the hardest part. He has had problems before in Texas, this is the first in LA that I know of, but I don't know a lot about that. It's a long story, but we were together many years ago and have only recently gotten back together and we were trying to work things out. He's been gone a week and I seriously think I'm retarded because I don't know anything and I'm missing him. I survived all those years without him before, what's my deal now? So I don't know a year, two years- have NO idea. Barely know what he's in for now. I'm hoping to get mail soon. He just started to be able to receive mail on Saturday.
So if it's his first issue in LA, he might only get a year and three months? And that's with good time, right? Can someone explain the good time? I think I get it, but this is all new to me.

adbrick
08-14-2006, 10:58 PM
I answered on your other post but will post here too. If LA classifies him as a 1st or 2nd offender he would be eligible for parole and he would serve 1/3 of the 2.5 which would be 10 months. If he is not eligible for parole he will have to serve 1/2 his sentence which would be 15 months.

Currently with goodtime, they get two days for every day actually served. It hard to explain, but for me the easiest way to understand is like a time line.

The actual days served begin at the beginning of the sentence and the good time days count back from the end of the sentence. Where they meet is when they get conditional release.

start ped cond. release max out
i_______i________i_________________i
0 ------10mo-----15mo-------------30mo

Hope that makes sense. I might just have confused you more.

Let me know if you need anything

AWOL3
08-15-2006, 08:59 PM
From what I know, it's a first offense in LA, but he's had problems in Texas and I don't know if that will go against him there. But I'd really like to believe ten months is possible right now!!!

DoingTimeinLove
08-16-2006, 07:21 PM
Does he have any pending charges in Texas?

AWOL3
08-16-2006, 07:34 PM
Not that I know of- he hasn't been living here. But we were not back together then so I don't really know. We only recently got back together after a ten year separation.

mistybluewaters
08-22-2006, 03:43 PM
please help me calculate, my mind is so full and boggled up , since my boy went away ...he had to be resentenced for ..agg battery they gave him 10 years which is the max with time servedhe has done three years..so i guess that would be 7 years for the agg-battery....Now He also was charged with Manslaughter for protecting his life and they gave him 30 years for that with time served..yes first time affender, they maxed him out he, has done three year. And both sentences are to run consecutive, please help me understand ...thank you

DoingTimeinLove
08-22-2006, 11:09 PM
Consecutive means they run one behind another. So that means he has a total of 40 years on paper. Because both of his charges are violent offenses he would be eligible for good time release after completing 85% of his time. So he is eligible for release after he completes about 38 years. Since he already has done 3.. he has 35 left. Somebody correct me if I'm wrong.. math isnt my best subject, but I think i figured it out right ???

DoingTimeinLove
08-22-2006, 11:13 PM
please help me calculate, my mind is so full and boggled up , since my boy went away ...he had to be resentenced for ..agg battery they gave him 10 years which is the max with time servedhe has done three years..so i guess that would be 7 years for the agg-battery....Now He also was charged with Manslaughter for protecting his life and they gave him 30 years for that with time served..yes first time affender, they maxed him out he, has done three year. And both sentences are to run consecutive, please help me understand ...thank you

Consecutive means that the charges are to run behind one another. So his total amount of time is 40 years. Since he is a violent offender he would be eligible for good time at 85%, which would be about 38 years. You stated he has already been down for 3 years, therefore he would have 35 years left. Did I figure this out right everyone??? Also, since he is a first time offender he should be eligible for parole, but I'm not knowledgeable about when a violent offender is eligible for parole. Hope this helps

adbrick
08-22-2006, 11:20 PM
Yes Elizabeth I do believe you figured it out right. Consecutive does mean they run one after the other, if they're concurrent they run the same time. I'm not sure about the parole though I will have to look.

adbrick
08-22-2006, 11:35 PM
Ok I just looked it up it.. This is an excerpt from RS 15:574.4
The bolded text I think applies. But someone else please read it to make sure I'm reading it right.

Parole; eligibility; consideration and hearings; decisions of board; nature, order, and conditions; rules of conduct; offenders convicted of crimes of violence; infectious disease testing
A.(1) Except as provided for in Subsection B of this Section, a person, otherwise eligible for parole, convicted of a first felony offense shall be eligible for parole consideration upon serving one-third of the sentence imposed; upon conviction of a second felony offense, such person shall be eligible for parole consideration upon serving one-half of the sentence imposed. A person convicted of a third or subsequent felony offense shall not be eligible for parole.
(2)(a) Notwithstanding the provisions of Paragraph (A)(1) of this Section, a person, otherwise eligible for parole, convicted of a nonviolent first felony offense and committed to the Department of Public Safety and Corrections, or of a nonviolent second felony offense and committed to the Department of Public Safety and Corrections, may be eligible for intensive parole supervision upon successful completion of intensive incarceration. In addition, any person convicted of a first or second offense for possession of amphetamine or methamphetamine or cocaine or oxycodone or of a first offense for distribution, dispensing, or possession with intent to produce, manufacture, distribute, or dispense amphetamine or methamphetamine or cocaine or oxycodone, in violation of R.S. 40:967(B)(1) or R.S. 40:967(B)(4)(b) when the amount of amphetamine or methamphetamine or cocaine or oxycodone involved was twenty-eight grams or less, may be eligible to participate in the intensive incarceration program. Notwithstanding the provisions of R.S. 40:967(B)(4)(b), a person otherwise eligible for participation in the intensive incarceration program may be eligible for intensive parole supervision upon successful completion of intensive incarceration. The intensive incarceration and intensive parole supervision program shall be established and administered by the department. The offender may be considered for participation in the program if all of the following conditions are met:......

3) Notwithstanding the provisions of Paragraph (A)(1) or any other law to the contrary, unless eligible for parole at an earlier date, a person committed to the Department of Public Safety and Corrections for a term or terms of imprisonment with or without benefit of parole for thirty years or more shall be eligible for parole consideration upon serving at least twenty years of the term or terms of imprisonment in actual custody and upon reaching the age of forty-five. This provision shall not apply to a person serving a life sentence unless the sentence has been commuted to a fixed term of years.
B. No person shall be eligible for parole consideration who has been convicted of armed robbery and denied parole eligibility under the provisions of R.S. 14:64. No prisoner serving a life sentence shall be eligible for parole consideration until his life sentence has been commuted to a fixed term of years. No prisoner sentenced as a serial sexual offender shall be eligible for parole. No prisoner may be paroled while there is pending against him any indictment or information for any crime suspected of having been committed by him while a prisoner. Notwithstanding any other provisions of law to the contrary, a person convicted of a crime of violence and not otherwise ineligible for parole shall serve at least eighty-five percent of the sentence imposed, before being eligible for parole. The victim or victim's family shall be notified whenever the offender is to be released provided that the victim or victim's family has completed a Louisiana victim notice and registration form as provided in R.S. 46:1841 et seq., or has otherwise provided contact information and has indicated to the Department of Public Safety and Corrections, Crime Victims Services Bureau, that they desire such notification.

To read the whole statute. here's the link. http://www.legis.state.la.us/lss/lss.asp?doc=79239

kaylee0123
04-13-2008, 01:40 AM
my husband was sentenced to 20 yrs in the louisiana department of corrections. he is not eligible for parole but has a good time release date of the year 2016. is there any way he could get out earlier? and does anyone know of a good lawyer who could help ammend his sentence he is in amite, louisiana, if you can help please pm me thanks:(

DoingTimeinLove
05-08-2008, 08:55 PM
my husband was sentenced to 20 yrs in the louisiana department of corrections. he is not eligible for parole but has a good time release date of the year 2016. is there any way he could get out earlier? and does anyone know of a good lawyer who could help ammend his sentence he is in amite, louisiana, if you can help please pm me thanks:(

good luck on getting his sentence reduced. Louisiana is a very screwed up system.. I have tried everything that I possibly can and still ended up with our orignal out date.