View Full Version : Help with Time Calculations in Louisiana Found Here!!


DoingTimeinLove
08-27-2006, 08:39 PM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

hoolio's mom
08-28-2006, 11:29 AM
my son at the age of 17 was sentenced to carnal knowledge of a juvenile, he was sentenced to 5 yrs, but they messed up his paper work& he ended up in 6 months boot camp, he got out, but was too embarrassed to register as a sex offender, so they con him into violating himself, so he said right now hes doing flat time, do he have to do his 5 yrs?they told him to apply for parole in january, do you think he'll get it, his 1st offense, plus he had a 1st offense dope charge , it was non violent, hes been in jail since 1-4-05, they sent him a clemency application, not sure if he'll get granted that, i'll appreciate any kind of help, thank you....hoolio's mom : (

DoingTimeinLove
08-30-2006, 07:47 PM
my son at the age of 17 was sentenced to carnal knowledge of a juvenile, he was sentenced to 5 yrs, but they messed up his paper work& he ended up in 6 months boot camp, he got out, but was too embarrassed to register as a sex offender, so they con him into violating himself, so he said right now hes doing flat time, do he have to do his 5 yrs?they told him to apply for parole in january, do you think he'll get it, his 1st offense, plus he had a 1st offense dope charge , it was non violent, hes been in jail since 1-4-05, they sent him a clemency application, not sure if he'll get granted that, i'll appreciate any kind of help, thank you....hoolio's mom : (

I dont know how things work for parole violators. i'm assuming that all sex offenders are classified as violent offenders (please correct me if i'm wrong) So I would assume that he would either have to do the remainder of his time that is on paper or at least 85% of his time... Also, is the 1st offense drug charge a new charge? If so.. then is it ran concurrent or consecutive to his 1st sentence?

hoolio's mom
08-31-2006, 01:21 AM
yes, i think he has to do 85%, but the told him to apply for parole in january, so i'm not sure, las month they sent him a application for clemency, not sure why...but thanks anyways...hoolio's mom

braby
09-02-2006, 08:11 PM
My husband was sentenced to 4 years, 1st time offender, non-violent, no detainers (I think). I think I know the answer, but just hoping maybe I figured too much time.:o

adbrick
09-02-2006, 09:52 PM
Total sentence: 4 years/48 months
16 mos til PED (parole elgibilty date) 1/3 sentence served
If he doesn't make parole, 24 mos til release under diminution of sentence (goodtime) 1/2 sentence served

ventrue
09-05-2006, 01:05 PM
Ok i just agreed to an 18 mo sentence, my sentence was reduced to simple posession so i guess that would be non-violent, no gun or anything like that. This is my first offense so i would be eligible for parole after 1/3 of the time as i understand it. I already have done 4 months before i bonded out, so i have credit for 8 mo right? so wouldn't i already be eligible for parole when i go to jail? how does that work? or is my calculation off

Randy

adbrick
09-05-2006, 03:41 PM
1/3 of 18 months would be 6 months of time actually served. SInce you've done 4 you'll have 2 more before your parole elgibility date. And 5 more before you are released under dimunition of sentence (goodtime)for a total of 9 months actually served.

ventrue
09-05-2006, 06:44 PM
Thanks ;) one more question, from your experience with the parole system do you think i will actually get out before my 5 months is up? assuming i get accepted for parole of course. it seems like with that little of a time difference it will be a crapshoot. I'm reporting the beginning of october, so i'll be eligible the beginning of december'ish. so theres a slight possibility i'll get on decembers docket but it'll probably be january, then i'm looking at a release date in february. and my 5 months would be up in march. SO i guess i should figure on getting out in march regardless? do you see much chance of getting out december/january? there are so many variables with the system, and then in the holidays, i just see it being backed up to hell. sigh. anyway, any comments that wont depress me are welcome ;) and i guess the ones that will i need to hear also.

Randy

adbrick
09-05-2006, 07:55 PM
Yes it is like a crap shoot,but from my experience with my husband having just went through the parole process, there are certain things you can do to help yourself. The main thing for my husband was that he has a job waiting for him. They also want to see that you are trying to get on the right path. The first question that was asked of my husbamd at the parole hearing was what programs he had completed. So take any classes offered, even if they have nothing to do with your crime. Since you have a possesion charge, take the AA classes. Of coarse stay out of trouble, be a model inmate. So have a home and work plan, take all the classes you can, and stay out of trouble.

When I inquired about how the parole process worked, I was told about 2-3 months prior to your PED, your file will be pulled an assigned a pre-parole investigator. And as long as there are no backups or problems with your paperwork, your put on the docket for the month prior to your PED. For example, my husbands PED was Sept, his file was pulled end of June, and he was on the August docket. He was granted, but he has to wait for his PED to be released. If you are on the docket and are granted and your PED has past, then it takes anywhere from 7-10 days sometimes as long as 30 days, per the lady who issues the parole certificates, to be released.

So from your dates, if everything runs smoothly, your file should be pulled sometime in Oct. And you'd be on the Nov docket. If granted, you'd be released on your PED in December. I was told that other circumstances can cause that time frame to be off, but that is the way it is suppose to work.

Out of the 5 guys that went up for parole from my husbands facility, 1 was granted(my husband), 1 granted work release, and the rest denied.

HTH If I can answer anymore questions, just ask.

ventrue
09-06-2006, 05:49 PM
what i'm concerned about is that i wont actually get sentenced until the beginning of october, and then DOC has to calculate my time and do my rap sheet/master record and all that. so i bet i dont have a file to pull in october. i am going to ask my lawyer if he can make sure any of that stuff happens faster i guess that is my best avenue.

adbrick
09-06-2006, 06:04 PM
I see your concern now. That does put a wrench in the process. But you will also be entitled to the new goodtime law which is 35 days to very 30 days served, since you are being sentenced after Aug 15, 2006. So that will cut your time some more.

Good luck.

clydesheart
09-10-2006, 09:52 PM
my son has been sentenced to 10 yrs with all but 3 suspended(doc time).he is a 1st offender and a non violent crime.he has no detainers.how can he calculate his time? thank you in advance.

DoingTimeinLove
09-10-2006, 10:58 PM
K.. hopefully I'm getting this right.

good time = 1.5 years
parole eligiblity = 1 year

SEE_MAW
10-17-2006, 05:14 PM
My husband went to court in May and gave back some time, his original releade date was 2015 and after court it was 2010. After court he got a new time computation sheet stating his new release date of 2010. About 2 weeks later, he got a revised time computation sheet stating his new release date was 2012 because of a AGG ASSAULT charge DOC found in 1996, this MISDEMEANOR happened before the charges he is currently serving on. DOC claims this makes him a 2nd offender because he is serving on AGG BATTERY charge.

Both my husband and I think DOC was wrong to try to make him out to be a 2nd offender because the first charge of AGG ASSAULT was a MISDEMEANOR and the AGG BATTERY is a felony.
What can I do or who can I talk to - to make them take back those 2 years they gave him out of nowhere!?

Can they even do this!?

Any help would be greatly appreciated!

clydesheart
11-18-2006, 06:31 PM
my son has been sentenced to 10 yrs with all but 3 suspended(doc time).he is a 1st offender and a non violent crime.he has no detainers.how can he calculate his time? thank you in advance.ok sorry i have some more questions how can u look up the new law 35 days for every 30 served what is the law called i type in goodtime law nothing comes up and how do u know u qualify for that law and if he gets parole in a year when will he be eligble for work realease or the halfway house thank u so much is desperate need of answers

mistybluewaters
01-01-2007, 11:56 AM
Hello my son was given 40 years first time affender, manslaughter, agg-batterey, it will be 4 years Maech 2007, he was a principle to these charges,

sunshinestate
01-11-2007, 08:24 AM
my daughter was sentenced in feb of 2004 to do 8yrs but she has already been incarcerated for 3 yrs now she is simmesport for women please help.It was her 1st offence.She was already incarcerated before being sentenced.please help

DoingTimeinLove
01-11-2007, 05:30 PM
Hello my son was given 40 years first time affender, manslaughter, agg-batterey, it will be 4 years Maech 2007, he was a principle to these charges,


Assuming he is eligible for parole at 85% of his time because he is a violent offender.. he would have 30 years left.

DoingTimeinLove
01-11-2007, 05:33 PM
ok sorry i have some more questions how can u look up the new law 35 days for every 30 served what is the law called i type in goodtime law nothing comes up and how do u know u qualify for that law and if he gets parole in a year when will he be eligble for work realease or the halfway house thank u so much is desperate need of answers

You qualify for the new law if the inmate was sentenced on or before Aug 14 2006. I'm not sure if it is different for inmates who are classified as violent or nonviolent offenders. Nonviolent offenders i know qualify. People are eligibe for work release and halfway houses when they have 24 or less months of their good time left. I'll find the link for the new law for you and get back to you.

DoingTimeinLove
01-11-2007, 05:36 PM
My husband went to court in May and gave back some time, his original releade date was 2015 and after court it was 2010. After court he got a new time computation sheet stating his new release date of 2010. About 2 weeks later, he got a revised time computation sheet stating his new release date was 2012 because of a AGG ASSAULT charge DOC found in 1996, this MISDEMEANOR happened before the charges he is currently serving on. DOC claims this makes him a 2nd offender because he is serving on AGG BATTERY charge.

Both my husband and I think DOC was wrong to try to make him out to be a 2nd offender because the first charge of AGG ASSAULT was a MISDEMEANOR and the AGG BATTERY is a felony.
What can I do or who can I talk to - to make them take back those 2 years they gave him out of nowhere!?

Can they even do this!?

Any help would be greatly appreciated!

I think the best thing to do is contact a lawyer. If you do a consultation they should tell you if there is anything that can be done.

DoingTimeinLove
01-11-2007, 05:38 PM
my daughter was sentenced in feb of 2004 to do 8yrs but she has already been incarcerated for 3 yrs now she is simmesport for women please help.It was her 1st offence.She was already incarcerated before being sentenced.please help

Is she classified as a nonviolent or violent offender? If nonviolent then she has one year left. If violent then she would have 3 years and about 8 months left.

HE'S21
01-23-2007, 11:34 AM
My nephew -
sentenced to 7 years
violent offense
1st time offender
broke probation once
did a plea bargain in court that was not explained to him until the judge asked how he plead. His court apptd atty had never met with him prior to court. His plea bargain was for simple robbery with weapon and attempted simple robbery with weaponm 7 years suspended upon condition that he enter Cenikor program in Baton Rouge and complete the 2 years. Well he got kicked out of the Cenikor program after 1 1/2 months. At least this is the sentencing we are told he got. We were not in court because noone informed us or him that he was going on this day.

DoingTimeinLove
01-23-2007, 08:45 PM
My nephew -
sentenced to 7 years
violent offense
1st time offender
broke probation once
did a plea bargain in court that was not explained to him until the judge asked how he plead. His court apptd atty had never met with him prior to court. His plea bargain was for simple robbery with weapon and attempted simple robbery with weaponm 7 years suspended upon condition that he enter Cenikor program in Baton Rouge and complete the 2 years. Well he got kicked out of the Cenikor program after 1 1/2 months. At least this is the sentencing we are told he got. We were not in court because noone informed us or him that he was going on this day.

I think he will probably have to complete his 7 years that were suspended. Since its a violent offense then he will have to do 85% of his time. He may get credit for the time he has already served. Do you know if he has picked up an extra charge for being revoked from his revocation?

HE'S21
01-24-2007, 03:13 PM
He did not get any extra charges for the probation violation. But I did get to talk to his probation office and you were right. He will have to serve 85% of his time but he will get credited for time served. Thanks so much for your help....

DoingTimeinLove
01-25-2007, 03:42 PM
Your very welcome :)

MRS.SERRA
01-29-2007, 09:58 AM
OK MAYBE YALL CAN HELP ME CUZ I DID THE MATH AND I NOT COMING UP WITH WHAT HIS GOOD TIME RELEASE DATE IS. OK MY HUN IN FOR ATTEMPTED SECOND DEGREE MURDER HE IS UNDER ACT 1099 BUT WHAT WAS WRITTEN ON HIS TRANSCRIPT (IN INK) WAS ACT 49 (I LOOKED IT UP I CAN NOT FIND IT) ANYWHO HE HAS TO DO 85% OF 10 YEARS WHICH PUTS HIM GETTING OUT IN 8 YEARS AND 6 MONTHS BUT WHEN I DID THE MATH UNDER ACT 1099 17 DAYS FOR 3 IT SHOULD BE 8 YEARS WHY IS IT DIFFRENT AM I DOING IT WRONG. PLEASE HELP ME. HE GOT INCARCERATED JAN 21 2001. HIS RELEASE DAY WITH GOOD TIME IS JULY 22, 2009. SHOULDNT IT BE JAN 2009.:confused:

DoingTimeinLove
01-29-2007, 06:32 PM
I think July 2009 is right. I'm not sure what the 1099 is.. but if he has to do 85% of his time thats 8 and a half years...

MRS.SERRA
01-30-2007, 10:31 AM
ACT 1099 IS EVERY 17 DAYS HE SPEND IN JAIL HE GET CREDIT OF 3 DAYS. WHEN I DID THE MATH I GOT 8 YEARS. OK 10 YEARS IS 3650 DAYS. I DIVIDED 3650 BY 17 WHICH GAVE 215 TIME THAT BY 3 GAVE 645. SO I SUBTRACTED 645 FROM 3650 WHICH GAVE 3005 AND THEN I DIVIDED IT BY 365 WHICH GAVE ME 8 YEARS. AM I DOING IT WRONG?! :confused: ..... ON HIS RECORD IT DIDNT SAY ANYTHING ABOUT 85% IT SAID HE IS UNDER ACT 1099. HE TOLD ME HE HAD TO DO 85%.

DoingTimeinLove
01-30-2007, 06:06 PM
3/17 Rate – VIOLENT CRIMES
Inmates convicted a first time for a crime of violence as defined in La. R.S.
14:2(13), which is committed on or after January 1, 1997, and who are otherwise
eligible to earn good time, shall earn diminution of sentence at a rate of three
days for every seventeen days in actual custody, including time spent in custody
with good behavior for which the inmate is eligible for jail credit; serves 85%.
(La. R.S. 15:571.3B) (Act 1099 of the 1995 Regular Session).

Somehow they are figuring 17/3 is 85% of the sentencing

DoingTimeinLove
01-30-2007, 06:09 PM
http://www.corrections.state.la.us/Statistics/PDF_BB/03-Sentencing/3A.PDF

This breaks down the different sentencing laws. Hope it helps!

MRS.SERRA
01-30-2007, 10:41 PM
Is There Something I Can Do Bout It?

sunshinestate
02-27-2007, 07:52 AM
my daughter was sentenced to 8yrs on feb 2004.first time offender could you help with the calculation of this?

sunshinestate
02-27-2007, 07:57 AM
Is she classified as a nonviolent or violent offender? If nonviolent then she has one year left. If violent then she would have 3 years and about 8 months left.

thank you very much for the help.:)

DoingTimeinLove
02-27-2007, 05:27 PM
Is There Something I Can Do Bout It?

You can try to contact his Pre-Class officer which is the person who calculates his rap sheet. You can call the facility he is in and request to know who his pre-class officer is and how to contact him/her. Some facilities work with you some dont, so dont be surprised if they state they cannot give you that information. If you cannot find out, call DOC and ask what you can do to discuss his time calculations. They also may want to know your relationship to the inmate. Good luck :thumbsup:

sandeluvsu
03-15-2007, 06:18 PM
I have a family member who is incarcerated. If I were to detail the sentence to you, do you think you could figure out the time for me? Please let me know. Thanks!

DoingTimeinLove
03-15-2007, 08:04 PM
I have a family member who is incarcerated. If I were to detail the sentence to you, do you think you could figure out the time for me? Please let me know. Thanks!

I could try :D

hoolio's mom
03-29-2007, 10:35 AM
as i've stated before, my son is a sex offender, he was 17, she was 14, he was sentenced to 5 yrs, but they paroled him in 6 months, but when he got out, was too embarassed to register, so they violated him. he's 23 now in a louisiana prison, at 1st they told him apply for hearing in january, now they say he's got to be down 2 yrs before he can apply for hearing, i wrote them(parole board) told them january 07 was 2 yrs, but they told him to apply in december this year. my son says on his rap sheet, his time to get out is feb.02,"09

DoingTimeinLove
03-29-2007, 06:53 PM
It could be possible they will make him do 85% of his time that he has left since he is considered a violent offender.

bigmp
04-18-2007, 08:25 PM
My boyfriend was given 8 years back in 1998 for a non-violent offense. He got out on goodtime in Jan. 06 and was arrested on an unrelated charge in Oct. 06. He was given 1 year for the violation. My question is: since his original release date was Jan. 17 '07, can they still hold him for that long? From all the research I've done, any time given for a parole violation is only up to the original release date. Help?

DoingTimeinLove
04-18-2007, 08:39 PM
My boyfriend was given 8 years back in 1998 for a non-violent offense. He got out on goodtime in Jan. 06 and was arrested on an unrelated charge in Oct. 06. He was given 1 year for the violation. My question is: since his original release date was Jan. 17 '07, can they still hold him for that long? From all the research I've done, any time given for a parole violation is only up to the original release date. Help?

Yes.. he will have to finish out his orignal sentence because he violated parole and then he has to complete his 1 year for the violation charge. Do you know if he is sentenced 1 year to run concurrent or consecutive with his original sentence? If it is to run concurrent then the time he is currently serving will count towards it. If it is ran consecutive then he will have to complete the 1 year after he finishes his original sentence.

bigmp
04-22-2007, 01:41 PM
His original sentence is over.

Kris'sMom
06-27-2007, 05:40 PM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

Please help calculate my sons time.
7 yrs sentence 1st offender
non-violent drug crime
(served 2.5 yrs then released on parole)
on parole for 2.5 yrs - violated parole with 2nd offence non-violant charge
2nd offence sentence was 1 yr to run together with 1st offence
does the time on parole count towards his orig 7 yr sentance????
no detainers
don't know if there are extra chgs for parole violations

authentic57
06-27-2007, 07:02 PM
I don't think it does, check inmate locator for your state and they should have his projected release date on there.

DoingTimeinLove
06-27-2007, 11:28 PM
I don't think it does, check inmate locator for your state and they should have his projected release date on there.

Louisiana does not have inmate locator .. and definately doesn't let us know the projected release date :(

DoingTimeinLove
06-27-2007, 11:31 PM
Please help calculate my sons time.
7 yrs sentence 1st offender
non-violent drug crime
(served 2.5 yrs then released on parole)
on parole for 2.5 yrs - violated parole with 2nd offence non-violant charge
2nd offence sentence was 1 yr to run together with 1st offence
does the time on parole count towards his orig 7 yr sentance????
no detainers
don't know if there are extra chgs for parole violations

I'm not sure if time on parole counts or not.. my gut's telling me no it doesn't....

katydidit
07-19-2007, 10:29 AM
Hi & thanks in advance for your help. My boyfriend was sentenced 11/06. DWI 4 he got 5 yrs to run concurrent with another 5 yr for simple robbery.

From reading other post, etc. he will do 85% of his 5 yrs. So am i correct to assume there is NO goodtime, etc. to reduce the 85%?

Thanks !!!

DoingTimeinLove
07-19-2007, 05:44 PM
Hi & thanks in advance for your help. My boyfriend was sentenced 11/06. DWI 4 he got 5 yrs to run concurrent with another 5 yr for simple robbery.

From reading other post, etc. he will do 85% of his 5 yrs. So am i correct to assume there is NO goodtime, etc. to reduce the 85%?

Thanks !!!



He will only have to do 85% if they classify him as a violent offender. If he is classied as a violent offender only doing 85% is considered the "good time"

jenron
10-19-2007, 03:56 PM
Hi-

My dad is in the Tangi parish jail. He was sentenced to 4 1/2 years with credit for time served on September 17, 2007. He has been there since 10/02/05 1st offense non-violent with no extra charges and no detainers...we figure somewhere around Nov 1st, but Doc says they dont even have his paperwork yet. I am so unfamiliar with the system that I do not know what to think, I live in GA and am the one that will go get him when he is released and just need to know a little about when to gauge a trip...thank you for your reply!:angry:

DoingTimeinLove
10-19-2007, 04:14 PM
I figure around November-December this year.. he needs to write a request to DOC for his rap sheet ASAP!!

jenron
10-19-2007, 04:57 PM
thanks so much...I am in the process of looking for the rap shee to show up any time now...the lieutenant at the jail has been most helpful and says that I can call her periodically to check to see if it has come in given my situation.

jenron
10-19-2007, 06:28 PM
I found a link on the LA DOC website that shows some docket dates it also shows who is scheduled for that date, but I do not know where the parole hearings are held for the Tangipahoa Parish Jail. I know that the time is calculated at Dixon Correctional, would that be where the hearing is as well....any help would be greatly appreciated.

I just wanna pick up my daddy!:idea:

AWOL7
03-07-2008, 02:14 PM
K my boyfriend took a plea for his charge, R.S. 14:69 illegal possession of stolen things with a value more than $500, and was sentenced to five years with DOC. He was sentenced on 8/7/06 and got his master rap sheet that said his PED was 4/1/08 and his discharge sentence date 2/1/09 and full term date of 8/1/2011. That was in 9/06.

Then, in 6/07, he was sent a new master rap sheet that says he's not eligible for PED. What does this mean? On the master sheet it says under comments "OOS (2002 & 2004) amends offender class/ not elig PED." He sent a letter to the judge and the response was that after the inmate is in DOC, any requests regarding his sentence need to be made through them.

He's supposed to be on the risk review docket for March, but we don't know yet and I was just wondering since it's the month before that PED and he's suddenly on the docket. Is it looking like he might be released?

ny-c
03-14-2008, 10:41 PM
Hi everyone any help would be great. My man originally received 6 years and served 1yr 8months and was released on probation. He was violated in dec 2007 in nyc and was extridited back to la and was just sentenced to do the rest of his time 4years 4 months with time severd effective from dec 2007. The intial charge was non violent and was not given time for the violation seperately. So what are we looking at? We were thinking the earliest is dec 2009. Is that even close or will we have to do the full 4?
Thanks in advance

MzQLewis
04-22-2008, 07:32 PM
My boyfriend was sentenced to 10years, 2 years before he is eligible for parole or probation. Two years will be Oct. 2008, he was already on parole with 6 mos to go before he got this drug charge. He was recently sent to another parish jail one month ago. This is his second offense and he has been in jail since July 2005, sentence in October 2006, no credit for time served. How can he calculate his time?

MIchelet101
04-29-2008, 06:02 PM
My boyfriend was sentenced a total of 6 years, has served one year and 5 months already. it has been about 5 months since he has actually been sentenced. When he was sentenced the judge read that he would not be eligible for parole until after one year. He is a first time offender of a violent crime. Does this mean that he could go up for parole after his second year is served? He is registered for every class and program possible and has no dicipline record. Im so confused!

DoingTimeinLove
05-08-2008, 08:00 PM
K my boyfriend took a plea for his charge, R.S. 14:69 illegal possession of stolen things with a value more than $500, and was sentenced to five years with DOC. He was sentenced on 8/7/06 and got his master rap sheet that said his PED was 4/1/08 and his discharge sentence date 2/1/09 and full term date of 8/1/2011. That was in 9/06.

Then, in 6/07, he was sent a new master rap sheet that says he's not eligible for PED. What does this mean? On the master sheet it says under comments "OOS (2002 & 2004) amends offender class/ not elig PED." He sent a letter to the judge and the response was that after the inmate is in DOC, any requests regarding his sentence need to be made through them.

He's supposed to be on the risk review docket for March, but we don't know yet and I was just wondering since it's the month before that PED and he's suddenly on the docket. Is it looking like he might be released?

PED means Parole Eligible date.. which means he is not eligible for parole.. Im not sure what it means since he is on the risk review docket.. it has to be a good thing tho. Let us know

alonewouthim
05-12-2008, 09:50 PM
:(:(:( Not sure if I even want to know the answer.
My husband pleaded to 2 counts molestation of a juvenile he was sentenced to 2 years without dimunition of sentence for good behavior and 5 years active probation. He has not gotten his DOC rap sheet yet but we are trying to stay positive how much time do you think he will serve? I have no idea if it's a violent offense or not. The prisoners all tell him it's not but we have no way of finding out.

blackgul
05-15-2008, 02:41 PM
:( hello, I am new here and stubled across this site and wondered if anyone can help...

My boyfriend accecpeted a plea deal.. he was originally sentenced to 5 years, but they suspended 4. It is a non-violent offense (weed and driving under suspension)..he caught a distribution charge. He
was not on probation prior to this. Although this is his second felony, he was pardoned fully for the first. (He was a juvenille at the time).. That's all i can think of Can you please help?

Thank you in advance


Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

SexyChef1
05-16-2008, 10:11 AM
Im not sure about the laws down here seems like they are much stricter...my Solado caught a distribution charge and was charged as an habitual offender based in his juvenile past and sentenced to 30years...thank goodness he fought to give most of the time back. Make sure to get a GOOD LAWYER because they will try to use the juvenile cases against him.

blackgul
05-16-2008, 12:24 PM
nope.... it was just a year.. Thank God they didn't use the juvie stuff....:o

cassandra07
05-19-2008, 10:32 PM
My boyfriend was sentenced to five years and it is a violent crime, agg. robbery with deadly weapon. He has been in for 2 yrs 1 month, does he have to do his whole time??? It is his first offense.

alonewouthim
05-20-2008, 04:57 PM
:(:(:( Not sure if I even want to know the answer.
My husband pleaded to 2 counts molestation of a juvenile he was sentenced to 2 years without dimunition of sentence for good behavior and 5 years active probation. He has not gotten his DOC rap sheet yet but we are trying to stay positive how much time do you think he will serve? I have no idea if it's a violent offense or not. The prisoners all tell him it's not but we have no way of finding out.
Someone please help this is the second time that I post.

Mrs.Boudreaux
05-26-2008, 02:18 PM
I just want to know how long to u have to do on a 1 yr DOC sentence Please help I need answers quickly...Thanks alot

rachelanne127
06-05-2008, 05:43 PM
My friend got 49 years for armed robbery... does anyone know anything when it comes to this type of sentencing? Thanks

dlowe
08-15-2008, 12:31 AM
My man has been in since April of 2007, he went in on new charges and he was already on parole. 18 months parole. Ok, so May 2008 he was sentenced to 4 years with the Department of Corrections, suspend 2 of those years. Judge stated that the 2 remaining years run consecutive to his parole time. From our calculations that will put him out in Jan. 2010. He ask someone in booking to look up his release date to apply for work release and his out date said Jan. 2009. He has not received a rap sheet with that date on it but, two different booking departments said his out date is Jan. 2009. My question is I guess can DOC run someones time concurrent even if the court minutes say consecutive? And can DOC apply an other credits that we are not aware of. Do you think when they mail the rapsheet to him it will show Jan. 2010? Just nervious and don't know if he is getting out in Jan. 2009 or Jan.2010 Has this happened to anyone else?

dlowe
08-15-2008, 03:03 AM
I forgot to add that the judge stated at the sentencing credit for time served.

SpunkyMonkey
08-15-2008, 04:05 PM
Hey Dlowe...first of all...Welcome to PTO!! :D Glad you found us!!!
I may be leading you astray but I think the DOC is right. If he went in April 2007 and had to serve basically 2, 2yr terms, right? Then with good time, which usually takes away about half of that time...it would leave him at 2009 for release date. He will probably still have parole time to serve...but this is what I'm guessing. David115 is great with this stuff and hopefully he will be around within a few days to help you out as well. You might try posting this in the main PTO parole thread http://www.prisontalk.com/forums/forumdisplay.php?f=52
You might get a quicker answer there. Have a good look around the site. Make sure you come back here to the LA forum and keep us informed of how it is all going!! Jan 2009 will be here sooooooo quickly!!! :D:D

Countrydove
08-15-2008, 07:32 PM
dlowe,

I don't really have any information for you. I just wanted to welcome you to PTO and the Louisiana forums.

dawg in gray
03-03-2009, 11:59 AM
I really need help! My son was convicted of possession of Cocaine and Possession of Dihydrocodeinone, receiving 6 (3-3 consecutive) years when he was revocated from the Drug Court program. The judge gave him credit for all his previous time served from the time of his arrest. He was first arrested in October, 2003 and had been in Drug Court for almost 4 years on probation, so my calculations show he's served 165 days within this time on eight different occasions. He also served 131 days between being revocated and being transferred. He is now at E.H.C.C. and the problem we have is that E.H.C.C. is trying to compute his time served to give him his PED, but they tell him that Lafourche Parish jail, (where he served the majority of his days), are not sending the paperwork to them. I contact the warden at the jail and I was told that "they don't have time to go back through every inmate's records to count the days served". He said it would take too long!!!! I have written the Judge, the D.A., and the Sheriff and have not received any reply from anyone. What should be my next course of action??? This was his first offense of a non-violent crime and it tears me apart to think that he will not get credit for time served. Please help if you can. Thanks.

SpunkyMonkey
03-04-2009, 06:16 AM
Dawg...I'm so sorry hun!! The only other people I would suggest you write/call is the State Attorney General and your State Rep/Senator. Please keep us posted and I will be praying for you both!! :thumbsup:

ashlynnrich
03-05-2009, 08:35 AM
Do the work yourself, go get his arrest date and just count from that day until the day he was sentenced and give it to the judge.

jasonswifetobe
03-13-2009, 07:59 PM
I dont know how things work for parole violators. i'm assuming that all sex offenders are classified as violent offenders (please correct me if i'm wrong) So I would assume that he would either have to do the remainder of his time that is on paper or at least 85% of his time... Also, is the 1st offense drug charge a new charge? If so.. then is it ran concurrent or consecutive to his 1st sentence?

OK could you please help me out here I am totally lost? Man boyfriend got 10 years federal, how do you figure out an out date? 1st timer, non-violent and is going to go into the drug program, he will have 5 years in in June. Can you help in anyway?

SpunkyMonkey
03-14-2009, 09:10 PM
Jasonswife....
Have you tried posting this question in the Federal forum? The federal system works differently to state and from what I understand they do not give 'good-time'. But I could be wrong, so ask in the federal forum and they should be able to help you! :thumbsup:

chocolatep35
05-01-2009, 05:32 PM
Hi all I'm new to PT and I need some help, helping out my honey, He was arrested back in March 2001 (3/22/2001 to be exact) He went to court a couple of times in for mulitple bills and on 10/31/01 he was sentenced to 3 yrs to run CONCURRENTLY AND CO-TERMINOUS WITH ANY OTHER SENTENCE. (sorry about that I copied and pasted this from the docket master). Then in July (7/24/2002) he went to court and the court found him to be a third time offender and sentenced him to 8 yrs hard labor at DOC the court vacated the the 10/31/01 sentence. Time was to be ran concurrent with time served from arrest date. According to our caculations he should have been released back in March. ( he was never out on bond during this time it it wasn't a violent crime if that helps)

SpunkyMonkey
05-01-2009, 07:54 PM
Hey Chocolate...Welcome to PTO!!! :)
Gosh, I'm not sure. If I understand you correctly, I would think he should've been out. Has he asked someone in the law library where he is to help him with it? Or the classifications officer where he is? Those would be the first places I would check. Good luck and keep us posted!! :thumbsup:

chocolatep35
05-06-2009, 07:06 PM
He filed a Habeas Corpus motion back in the beginning of April he had a court date but was never called for court even though on the Docket Master it shows that he didn't show up for court but he wasn't called for court. Anyway on the first of this month he filed for a motion for clarification of sentence and the COURT FURTHER DENIED REQUEST FOR A CONTRADICTORY HEARING (sorry I copied and paste this from the docket master). It sad again that he didn't show up for court. His charges are in New Orleans but after the storm he was sent out to Covington to BB Sixty Correctional center.

SpunkyMonkey
05-06-2009, 07:58 PM
Wow...I really don't know as I'm not a lawyer or anything. I would just suggest maybe calling the state's attorney general's office. Also, maybe your state senator or rep. Keep us posted! :thumbsup:

mrs. lsmith
05-10-2009, 06:56 PM
My boyfriend was sentenced to 4 years and 2 months for possession of over 28 grams of a controlled substance. This is his second offense, he only got probation for his first charge because the charge was for way less than 28 grams. The probation was for a few years (like 2 or 3) and he got off in 2005. This time he went in 7/22/08. He's taking classes like auto mechanics, truck driving, welding, and AA. And he goes to church regularly. He told me he gets 2 1/2 days off each month for the classes he is taking. Can anyone help me estimate when he will be back home to me?

SpunkyMonkey
05-10-2009, 07:10 PM
MrsSMith...I can't tell you for sure but he should be able to see the classifications officer and find out. :thumbsup:

Carmadelle
05-14-2009, 07:36 PM
ok my hubby just got sentenced today... He was on probation for 2 years with 5 years suspended... the judge amended that today and made it 2 years suspended but violated him on it and gave him 2 years on a new charge of posession of Sched 1 2nd offense to run concurrent with credit for time served.... he is a non violent offender... and has 4 1/2 months already served..

SpunkyMonkey
05-14-2009, 09:27 PM
My estimate is that he would serve 620 days which is 85% of the 2 yr sentence. That is a year and seven months of which he has done just over 4 mos. This is only an estimate. He may be able to do more classes, etc to shorten the time. Get him to ask his classifications officer how many days he's expected to serve. Also, he will likely come up for a chance at parole after 12 mos served. Hope this helps some.

Carmadelle
05-14-2009, 10:04 PM
My estimate is that he would serve 620 days which is 85% of the 2 yr sentence. That is a year and seven months of which he has done just over 4 mos. This is only an estimate. He may be able to do more classes, etc to shorten the time. Get him to ask his classifications officer how many days he's expected to serve. Also, he will likely come up for a chance at parole after 12 mos served. Hope this helps some.

Someone told us that he might fall under something called the 572 act that says because he has no violent offenses that he would get 3 for 1....

SpunkyMonkey
06-06-2009, 09:27 PM
Great! I hope he does!! :thumbsup:

chi2texas
09-24-2009, 04:53 PM
So how ould you calculate time for revoked parole? Can they be re-paroled??



Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

SpunkyMonkey
10-12-2009, 08:34 PM
The short answer to your question is Yes...a person going back on a parole revocation can be paroled again. They will basically have to go through the same system they went through previously. It's best for your inmate to ask his Classifications officer when the earliest date for a parole hearing might be. Encourage him to get involved in anything that will increase his good-time! Many of these programs will also help him when he re-enters society. :thumbsup:

kennykat
10-13-2009, 10:00 PM
Since my boo hasn't actually gone to trial yet for his current problem, I don't have all that info ... currently LOST :eek: :confused: trying to make since of the habitual offender/s law in LA. Any help? He has a prior offense for possession (sentenced to a year DOC which hasn't started yet) but no distribution/manufacturing/etc - does that count in the calculation ... his new issue is shaping up to be unauthorized entry to non-inhabited dwelling - it is a felony but not violent? Would a conviction be a 2nd offense and he lose chance of parole? Any help sorting through this would be SOOOO much appreciated!

Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

heismyworld
11-01-2009, 07:17 PM
Hi my question is simple..my fiances' erd date is feb 17, 2010 and his max date is may 19, 2010, he is currently in work release. Would he get out in feb or may? He has no new charges or write ups. We keep getting conflicting answers, so im confused..sorry!

diane135130
11-02-2009, 05:59 AM
Does the rap sheet say that it's for R.S. 14:37 Aggravated Assault? And are there any notations on the rap sheet that say anything further in explanation? The second thing I would do is to call the prison where he is and ask to speak to "Records". Ask them why the change came about but be very cordial about it so they will work with you. It could very well just be an error that has to be corrected. Does he have any other convictions? Did they say anything about him being a second offender in court? Is the 2010 date his good time date or parole date? Is the 2012 date a good time date or parole date? What is his full term date and what is his current sentence on the Aggravated Battery charge? It's very hard to determine what was done without seeing a rap sheet. That's why you have to talk to "Records". They are usually very helpful in these kind of matters. Good Luck!

diane135130
11-03-2009, 05:50 AM
There are some misdemeanors that can be used to enhance a subsequent felony and aggravated assault may very well be one if he had an aggravated battery later.

bennstyle
11-03-2009, 02:51 PM
Louisiana has a couple of new sentencing ACT which determine the GT (Good Time Release Date). Some ACT's are not eligible for GT release which means that you have (Flat Time) requiring you to do 100% of your sentence. Time calculations in Louisiana can be difficult to estimate because of other factors. Such as; was he out of bond while he awaited trial, did the judge order credit for time served while he was in jail awaiting trial, has he had write-ups where he went before the disciplinary board and had good-time taken away. These are just some of the factors that can change his GT release date. DOC is slow to get current Master Prison Records (RAP SHEET) out because before they can estimate the time, the Clerk of Court in the parish he was sentenced has to forward all the sentencing documents to them first. If your loved one needs a Master Prison Record, have him fill-out an ARP and mail it to DOC Baton Rouge at this address below. DOC will have 45 days to respond to the APR.

Louisiana Department of Corrections
ATTN: Mrs. Linda Ramsay
Capitol Station
P.O. Box 94304
Baton Rouge, LA 70804-9304

KandiB
05-19-2010, 09:19 PM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:
My fiance was sencenced to 5yrs for violation of parole (nothing violent)just didn't go to probation officer ever.This is first offense. He said that the public defender told him he would be released in November 2011 because of time already served. When he got his rap sheet it said his release date was March 6,2012 and he would be eligble for parole on July 16-2011. He was arrested on February 16,2010. He says D.O.C has not calculated his time right.And he wants to request another rap sheet.Could this be possible?

eisha123
08-25-2010, 09:51 PM
act 572 is full of bull my honey fell under that law and they only took 6months off his time of 5years he went to jail in 07

Sunny920
09-12-2010, 03:00 PM
Question about RAP sheet.
Sentence was 7 years with sredit for time served, non violent, and not classified as multiple offender.

Sheet has a FTD of 10/6/2016, PED of 4/6/2013, and a DS DT of 12/28/2012.
We believe he should be out 12/28/2012 but why is the parole date after that in 2013? Sheet says eligible for parole but I'm confused as to when.

diane135130
09-13-2010, 04:31 AM
His Parole date is after doing half the sentence but the new good time law is 35 days earned for every 30 days served so he will good time out before he is parole eligible. See, prior to the new good time law, he his parole date and good time date would have been the same. The reason they still have the parole date is because he could lose good time for disciplinary action then he could use his parole eligibIlity.

diane135130
09-14-2010, 04:19 AM
Call the records department at Hunt Correctional Center in St. Gabriel and talk to Henry Goins. He is the expert!

time4change
09-26-2010, 03:46 PM
My husband was told by judge (not in open court) that his would receive 3 years HL and 7 years parolle if he plead guilt to DWI 4th. Prior convictions for DWI's were 2 -1st, and 1-2nd) His attorney made sure that he would get the 2/1 goodtime prior to knowing about 35/30. His attorney told us that he would be out in 18 months worst case scenerio. He has not received his master record, (he has only served 67 days as of today) but when he was transfered he saw the sentencing that they sent with him which stated Sentence to 10 years of which "5 years suspended". Now he and I are both confused. I know his rap sheet is full of mistakes which have never been corrected. If am going to get the minutes to make sure he understood what they told him. This was in the judges chambers not in open court. If what the attorney explained to us prior to his accepting the plea then how much of the time would he have to serve in jail of the 3 years?

time4change
09-26-2010, 07:39 PM
I called the number and his release date is 12/5/2011. It said "earliest release date" What does that exactly mean? He was sentenced 3 years and this would be approximatly 16 months. Does that mean that he can not get into a program ie education, Substance abuse or ministry and receive additional good time?

debbar
10-19-2010, 11:41 PM
Is sex offenders considered violent? I have a friend that plead no contest for juvenille molestation. He took the plea because he was scared and had a horrible attorney. He got 10 with 4 suspended.. Parole in 2yrs but I think because of this new law he got his Rap with parole in 1yr. He is under act 1209, with the new bill can he even earn good time. The other guys in jail say yes but I only find old articles online and it says no but he is a 1st offender with a squeeky clean record. Not even a speeding ticket. Is there a chance of parole on your first time up? And what about the good time?

diane135130
10-21-2010, 06:14 AM
Can you tell him to send you his rap sheet? I'd have to see it first or you can call recored dept where he is and ask some ont to explain it to you. I don't see it under 14:2 which is the list of violent crimes. Act 1209 used to mean you served the whole sentence without good time but I'm not sure about parole eligibility....really need the exact R.S. Number off his rap sheet to tell you more.

diane135130
10-22-2010, 08:57 AM
Here is some caselaw about probation revocation rules:

Court of Appeal of Louisiana, Fifth Circuit. STATE of Louisiana
v.
Rickey KRUMMEL (Rickey J. Krummel).



No. 91-KA-672.
Jan. 31, 1992.
Writ Denied May 1, 1992.

Defendant appealed from order of the Twenty-Fourth Judicial District Court, Jefferson Parish, Clarence E. McManus (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0226536501&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), J., revoking his probation. The Court of Appeal, Bowes (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0107155801&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), J., held that probation revocation proceedings were invalid, where rules to revoke were neither supported by affidavit nor executed under oath.

Ruling annulled; remanded.


West Headnotes


[1] (http://prisontalk.com/forums/#B11992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif KeyCite Citing References for this Headnote (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28001%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&sequencenum=1&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN)

https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350H&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350H (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350H&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Sentencing and Punishment
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Probation and Related Dispositions
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX(I) (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Revocation
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%293&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX(I)3 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%293&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Proceedings
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350Hk2012 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) k. Arrest or Apprehension of Probationer. Most Cited Cases (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=MCC&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)
(Formerly 110k982.9(4))

Probation revocation proceeding may be instituted by summons or arrest warrant. LSA-C.Cr.P. art. 899 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART899&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), subd. A.

[2] (http://prisontalk.com/forums/#B21992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif KeyCite Citing References for this Headnote (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28002%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&sequencenum=2&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN)

https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350H&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350H (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350H&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Sentencing and Punishment
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Probation and Related Dispositions
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX(I) (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Revocation
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%293&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX(I)3 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%293&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Proceedings
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350Hk2012 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) k. Arrest or Apprehension of Probationer. Most Cited Cases (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=MCC&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)
(Formerly 110k982.9(4))

Summons or arrest warrant used to institute probation revocation proceeding must be supported by affidavit executed under oath by complainant; absent such affidavit, summons or warrant is improperly issued, and probation proceeding is invalid. LSA-C.Cr.P. arts. 202 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART202&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), 385 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART385&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), 899 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART899&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), subd. A.

[3] (http://prisontalk.com/forums/#B31992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif KeyCite Citing References for this Headnote (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28003%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&sequencenum=3&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN)

https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350H&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350H (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350H&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Sentencing and Punishment
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Probation and Related Dispositions
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX(I) (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Revocation
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%293&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350HIX(I)3 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350HIX%28I%293&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Proceedings
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)350Hk2012 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) k. Arrest or Apprehension of Probationer. Most Cited Cases (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=350Hk2012&cmd=MCC&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)
(Formerly 110k982.9(4))

Probation revocation proceedings, instituted against defendant with rules to revoke probation filed by defendant's probation officer, were invalid, where rules to revoke, which are equivalent to summons, were neither supported by affidavit nor executed under oath. LSA-C.Cr.P. arts. 202 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART202&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), 385 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART385&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), 899 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART899&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), subd. A.

[4] (http://prisontalk.com/forums/#B41992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif KeyCite Citing References for this Headnote (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28004%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&sequencenum=4&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN)

https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)110 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Criminal Law
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110XXIV&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)110XXIV (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110XXIV&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Review
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110XXIV%28E%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)110XXIV(E) (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110XXIV%28E%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Presentation and Reservation in Lower Court of Grounds of Review
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110XXIV%28E%291&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)110XXIV(E)1 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110XXIV%28E%291&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) In General
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110k1042.3&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)110k1042.3 (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110k1042.3&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) Sentencing and Punishment
https://images-statcont.westlaw.com/images/key.gif (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110k1042.3%284%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)110k1042.3(4) (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110k1042.3%284%29&cmd=KEY&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53) k. Probation and Related Dispositions. Most Cited Cases (https://web2.westlaw.com/digest/default.aspx?rs=WLW10.10&fn=_top&sv=Split&pbc=66C271FE&docname=110k1042.3%284%29&cmd=MCC&vr=2.0&rp=%2fdigest%2fdefault.aspx&mt=53)
(Formerly 110k1042)

Defendant did not waive his right to challenge validity of probation revocation proceedings based on institution of proceedings without affidavit or oath supporting rules to revoke by failing to raise issue in trial court.

*1368 John D. Rawls (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0286296201&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), Gretna, for defendant/appellant.

Dorothy A. Pendergast (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0175195901&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), Asst. Dist. Atty., Gretna, for plaintiff/appellee.

*1369 Before BOWES (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0107155801&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), GAUDIN (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0226639501&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53) and WICKER (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0150343501&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), JJ.



BOWES (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=0107155801&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=h&db=PROFILER-WLD&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), Judge.


Defendant, Rickey Krummel, challenges the legality of his two-year sentence for theft, made executory after the trial court ordered that his probation be revoked for failure to comply with the conditions imposed. We annul and set aside the probation revocation and remand the case for further proceedings.

The defendant pled guilty to theft in an amount over $100 but less than $500 in violation of LSA-R.S. 14:67 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LARS14%3a67&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000011&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53) and was sentenced to two years, suspended, and two years active probation. Pursuant to a rule to revoke filed by the State, and after a hearing, defendant's probationary period was extended for an additional year. While on probation during the additional year, defendant pled guilty to forcible rape and was sentenced to five years at hard labor. The State filed a second rule to revoke defendant's probation for failure to comply with condition No. 1 of his probation, which was to refrain from criminal conduct. After a hearing on the rule, the trial court ordered that the defendant's probation be revoked and that his two year sentence be made executory, to be served consecutively to his sentence for forcible rape.

Defendant filed an application for writ of review from the revocation of probation with this Court. We granted a writ of review and ordered that the matter be lodged as an appeal.

In this appeal, the defendant requests that his two-year sentence for theft be amended to reflect credit for time served. Defendant further raises several challenges to the legality of both the revocation proceedings and the sentence imposed as a result of revoking his probation.

[1] (http://prisontalk.com/forums/#F11992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28001%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN)[2] (http://prisontalk.com/forums/#F21992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28002%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN) A probation revocation proceeding may be instituted by a summons or an arrest warrant. La.C.Cr.P. art. 899A; State v. Forest, 571 So.2d 893 (La.App. 5 Cir.1990) (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&serialnum=1990180887&fn=_top&sv=Split&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=Y&db=735&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53). The summons or warrant must be supported by an affidavit executed under oath by the complainant. Absent such an affidavit, the summons or warrant is improperly issued, La.C.Cr.P. arts. 202 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART202&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53) and 385 (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&fn=_top&sv=Split&docname=LACRART385&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=L&db=1000014&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), and the probation proceeding is invalid. State v. Forest, supra; State v. Armour, 564 So.2d 360 (La.App. 5 Cir.1990) (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&serialnum=1990093903&fn=_top&sv=Split&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=Y&db=735&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), writ denied, 569 So.2d 961 (La.1990) (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&serialnum=1990165364&fn=_top&sv=Split&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=Y&db=735&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53). The courts have also recognized that a rule to revoke is equivalent to a summons. State v. Broussard, 408 So.2d 909 (La.1981) (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&serialnum=1982100990&fn=_top&sv=Split&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=Y&db=735&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53); State v. Dassau, 534 So.2d 467 (La.App. 5 Cir.1988) (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&serialnum=1988139108&fn=_top&sv=Split&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=Y&db=735&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53).

[3] (http://prisontalk.com/forums/#F31992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28003%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN) In this case, probation revocation proceedings against the defendant were instituted on November 4, 1987, and again on October 28, 1988. As a consequence of the proceeding undertaken on November, 1987, the trial court extended the defendant's probationary period for one year. The second proceeding (October 28, 1988) resulted in the revocation of the defendant's probation and the execution of the suspended sentence which the defendant is now serving. Both of these proceedings were initiated with rules to revoke probation filed by the defendant's probation officer. However, these rules to revoke were neither supported by an affidavit nor executed under oath. Therefore, the probation revocation proceedings instituted against the defendant on November 4, 1987 and October 28, 1988 were invalid and it is mandatory that they be annulled and set aside. We have pointed this out on several prior occasions. See authorities, infra.

[4] (http://prisontalk.com/forums/#F41992038235) https://images-statcont.westlaw.com/images/keycite-notes.gif (https://web2.westlaw.com/KCNotes/default.wl?vr=2.0&sv=Split&rs=WLW10.10&serialnum=1992038235&locatestring=HD%28004%29%2cCL%28H%2cO%29%2cDC%28A% 2cL%2cO%2cD%2cG%29%2cDT%28E%2cD%2cC%2cM%29&rlti=1&eq=Welcome%2f53&n=4&pbc=66C271FE&db=LA-CS&fn=_top&rp=%2fKCNotes%2fdefault.wl&cfid=1&rlt=CLID_QRYRLT69653294292210&mt=53&service=Search&query=revocation+of+probation&method=WIN) In brief, the State argues that the defendant waived his objection to the validity of the revocation proceedings by raising the challenge for the first time on appeal. However, this Court has previously noted and resolved revocation validity issues of this type on error patent review, absent a prior challenge by the defendant. State v. Forest, supra; State v. Armour, supra; State v. Davis, 562 So.2d 936 (La.App. 5 Cir.1990) (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&serialnum=1990084587&fn=_top&sv=Split&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=Y&db=735&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53), writ denied, *1370 568 So.2d 1060 (La.1990) (https://web2.westlaw.com/find/default.wl?tf=-1&rs=WLW10.10&serialnum=1990159145&fn=_top&sv=Split&tc=-1&pbc=66C271FE&ordoc=1992038235&findtype=Y&db=735&vr=2.0&rp=%2ffind%2fdefault.wl&mt=53). Accordingly, defendant did not waive his right to challenge the validity of the probation revocation proceedings by failing to raise same in the trial court.

Because we find that the revocation proceedings must, manditorily, be annulled and set aside, we need not address the remaining issues raised by the defendant.

For the above reasons, the ruling revoking defendant's probation is annulled and set aside and the case is remanded for further proceedings.

PROBATION REVOCATION ANNULLED, AND SET ASIDE; CASE REMANDED.

La.App. 5 Cir.,1992.
State v. Krummel
593 So.2d 1368

cajunj29
10-23-2010, 12:17 AM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:
Hello, I am new to all of this. My best friend was recently sentenced ten years and is currently a month in. It is a non violent offense, and is a first time offender, don't know what detainers are. There are no violations, and at time of sentencing was told 4.5 yrs. with good behavior. Currently a month served and just made trustee, if you could help with any info I would greatly appreciate it, thank you.

diane135130
10-23-2010, 08:34 AM
What exactly is it that you need to know? You have all the answers already. He will do 4.5 years....simple as that! If he did any jail time prior to that, he will get credit for the jail time. His rap sheet will show his good time release date. He just has to get into some programs and not get any disciplinary reports while he is there. That's actually very east to do if you just stay away from all the mess....he knows who they are, believe me. Once he completes some programs, he will earn more good time. He has all that information there. All he has to do is ask someone or go the prison law library and talk to a counsel sub. They will give him the info he needs.

szwolle
10-26-2010, 10:30 AM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:
My husband was sentenced to 4 years for aggravated battery - 1st time offender. Please help with calculation

diane135130
10-27-2010, 06:07 AM
His rap sheet will tell exactly when he gets out so you can refer to that for the best, most accurate answer. His will be easy since he is first offender. Aggravated Batter is under R.S. 14:2 Crimes of Violence and I think they changed the good time percentage on that in the last legislative session....just can't remember what they dropped it to. Prior to changing it, they had to do 85% of their time but something tells me that has changed. His rap sheet will be the best place to look.

TNNYTEOWL
10-30-2010, 01:40 AM
I do not know the exact details here, so I realize an exact answer cannot be given.
A man who's dating my ex girlfriend (Who is pregnant with my baby) is going to court soon on drug charges for cooking and dealing Meth. I understand he's facing 7-10 years at this point.

He has 2 prior felonies for Breaking and Entering and either Assault and Battery or Aggravated assault. I am not sure which charge the 2nd was. But he is now a 3rd time felon. Despite the earlier charges he is not out on Parole or probation currently, those charges are done. How much of that sentence is he likely to serve realistically? What percentage of the sentence, and how much good time time can he get?

Thanks!

dAVE

diane135130
10-31-2010, 08:12 AM
Aggravated Assault and Aggravated Battery are BOTH felonies. I'm curious as to why you say it's a misdemeanor. Do you have a copy of his newest rap sheet? What Act does it say he's under on each one? I'm very curious about this one. Depending on where he is, you can call the records department and they will explain the rap sheet to you. You can do this if he is at a DOC facility, such as Hunt, DCI, Angola, etc., but if he's at one of the parish/DOC places, you will have to call records at Hunt to get your answers.

diane135130
11-01-2010, 06:00 AM
For Dave...................
Consisering he is a third offender, they can sentence him as an habitual offender under R.S. 15:529.1 which enhances his sentence. You can go online to read the complete statute....it's quite lengthy but just do a search under Louisiana Revised Statute 15:529.1 and it will come up. Anything to do with meth right now is taken very seriously so I think he will get at least the minimum, if not more and then it will be enhanced due to his offender status. Good luck with this.....I understand your concern.

TNNYTEOWL
11-02-2010, 01:49 AM
Ok, well as I now understand, The official charge was operation of a clandestine lab. He has apparently given some names and cut a deal of some sort and is likely facing 7-10 years...so going with that (and this is loose information I've found out through the grapevine i realize) *IF* that is what he is sentenced, what percentage of that time is he likely to face? is he likely to even be eligible for early parole as a 3rd time felon? My only vested interest of concern here is of course the baby and do not want him around my child....but to a lessor extent the mother, who has another young child by this man, but cannot seem to break herself away from him. The longer he is gone the better for all 3 of them. But given that figure 7-10, what is the very minimum he could serve, and more realistically how much time will he realistically serve? Thanks for all your input Diane. I'm just looking for an idea of what to expect going forward. In other words...I am not sure what the minimum would be here. what would "at least the minumum" be here as far as the ammount of time he'd serve.

msjdixon
11-26-2010, 12:22 PM
How long do you serve on a 7 year sentence IN LOUISANNA

msjdixon
11-26-2010, 12:27 PM
My brother was sentenced to 7 years non violent offense 2 time offender , first time was 35 years ago , no detainers , no extra charges
can you give me any info on how low he will serve.

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:[/quote]

november2009
02-13-2011, 12:40 PM
My 17 year old son originally foung guilty or Armed Robbery and the judge was to give him 10 years at DCI Youthful Offender Program. His lawyer filed a motion after trial asking for the judge to return a new verdict for a lesser charge. The Judge returned a new verdict for 1st Degree Robbery. The Judge Amended based on the evidence (lack thereof), my son's mental illness factor, as well as the wishes of the victim that Kevin have the opportunity to take part in the programs at prison and serve a minimum. The State is appealing the sentence and his attorney feels that it is likely that he will end up with the original 10 years. . He will be credited with some time served. He was also home on an ankle bracelet for some of the time. Does that time go towards time served? he is a first time offender.

Could you please calculate the time for both the 7 and the 10
time served 10 months
ankle bracelet 4 months

Thanks for any help you can offer.

LifeTraveler
02-15-2011, 03:02 AM
My 17 year old son originally foung guilty or Armed Robbery and the judge was to give him 10 years at DCI Youthful Offender Program. His lawyer filed a motion after trial asking for the judge to return a new verdict for a lesser charge. The Judge returned a new verdict for 1st Degree Robbery. The Judge Amended based on the evidence (lack thereof), my son's mental illness factor, as well as the wishes of the victim that Kevin have the opportunity to take part in the programs at prison and serve a minimum. The State is appealing the sentence and his attorney feels that it is likely that he will end up with the original 10 years. . He will be credited with some time served. He was also home on an ankle bracelet for some of the time. Does that time go towards time served? he is a first time offender.

Could you please calculate the time for both the 7 and the 10
time served 10 months
ankle bracelet 4 months

Thanks for any help you can offer.

It's going to be difficult to calculate his time without knowing which Acts he is going to be sentenced under.

november2009
02-15-2011, 09:32 PM
It's going to be difficult to calculate his time without knowing which Acts he is going to be sentenced under.
Currently he is sentened for First Degree Robbery and is sentened to 7 years. I also wanted a calculations with the assumption of Armed Robbery with a sentence of 10 years. Thanks for any input.

LifeTraveler
02-16-2011, 04:38 AM
Currently he is sentened for First Degree Robbery and is sentened to 7 years. I also wanted a calculations with the assumption of Armed Robbery with a sentence of 10 years. Thanks for any input.

When I say "Acts", I'm talking about what good time acts he may be sentenced under, if any.

diane135130
02-16-2011, 06:29 AM
Unfortunately, both offenses are considered crimes of violence under LSA R.S. 14:2 and he will do 85% of the sentence, either the 10 or the 7. The only thing I don't know for sure is if that 85% changed to a different percentage last fall....Life Traveler may know the anwer to that. I lost track of it, but I'm pretty sure it's still 85%....it MAY be only 75% now....just not sure. I DO know that once you find out the act he was sentenced under, that will tell you the percentage of the sentence he will actually serve in custody. His rap sheet has the act on there and should also provide all the other info you are asking. Ask him to send you his rap sheet.

DEC48
02-24-2011, 09:42 PM
He is a non violent first timer.. was given 5 yrs 2 yrs house arrest 3 yrs probation. Messed up now has five year sentence. He has done a total of 8 months so far. He tells me about good time ect but havent seen anything on paper yet. How much of that 5 yrs will he do? Thanks in advance for any help. :confused:

diane135130
02-25-2011, 04:56 AM
Again....you need the rap sheet. IT WILL SHOW WHAT ACT HE IS UNDER ....AND ACTUAL RELEASE DATE.

diane135130
02-25-2011, 06:08 AM
Ok, this is the deal for him....I just now realized you were a different person than the one I had previously answered and I thought I was just re-iterating. For that, I apologize! :) First offender, non violent will do 46 percent of the 5 years MINUS the 8 months he has already served IF they gave him credit for time served on probation/house arrest. Sooooooo....I'm thinking his total to serve on 5 would be 2 years and 4 months. Then, if we take the 8 months off, it would leave him with 1 year and 8 months left to do. Mind you, that's MY calculation!!! LOL Your best bet is to call the facility where he is and ask for the records department and they will give you the exact release. He will also be eligible for parole which will be about the same time so won't affect much of anything BUT he will also be eligible for work release almost immediately, which would allow him to work and earn money to save for when he gets out. The only thing I'm not totally certain about is how the calculate the 8 months he did prior to violation. That's why you should really just call the facility. If they give you a hard time, then contact Hunt Correctional Center in St. Gabriel and ask for records...they maintain ALL facility records. Good luck!

lamas09
03-02-2011, 01:05 PM
Hello, I was hoping someone could help me. My husband had been incarcerated since Sept. 2009. His earliest release date is set for April 18, 2013, and is eligible for parole as soon as January 8, 2012. He is currently under Act 572. He just called me earlier and mentioned something about ACT 649. I called Records, and was informed that ACT 649 is the same thing as 572. I believe that these dates do not include good time credit. Since March 2011, he has been an "honor" trustee, and was eliglible for work release since October. Will they re-calculate his release date? and Will this new Act enable him to an earlier release? Any help on this will be helpful. Thank you in advance... May God Bless You always...:)

diane135130
03-03-2011, 06:43 AM
I kind of lost tract of the good time acts where 572 and 649 came into play....I don't know what 572 does but 649 is serving 46% of the sentence. That's about all I know. But I will tell you the same thing...the rap sheet spells it out very clearly. When you called Records, did you call Hunt? If so, I would call them back and ask the same question and tell them to explain the difference between acts 572 and 649...there HAS to be something different about them or it wouldn't have required a new act number. They were just trying to get rid of you but don't let them do that! Get back on the phone and try again....good luck!

diane135130
03-03-2011, 11:02 AM
Ok, just got off the phone with Cynthia Brown at Hunt.....Acts 572 and 649 both do the same thing...they allow those who are under them to do 46% of the sentence. Act 572 was the act assigned to in-coming new offenders and Act 649 is the one they use to RE-CALCULATE offenders who were originally under Act 138. Hope this clears it up and hope I remember it when the next person asks....lol

lamas09
03-08-2011, 10:07 PM
Ok, just got off the phone with Cynthia Brown at Hunt.....Acts 572 and 649 both do the same thing...they allow those who are under them to do 46% of the sentence. Act 572 was the act assigned to in-coming new offenders and Act 649 is the one they use to RE-CALCULATE offenders who were originally under Act 138. Hope this clears it up and hope I remember it when the next person asks....lol

Thank you so much for taking the time to help. I talked to the people handling his file, and now, he is not eligible for parole as of January of 2011. Unfortunately, they have made this change without informing anybody, much less my husband. It is horribly sad that they can make one hope, only to change their mind on a whim. Nonetheless, the rumor about DOC is that they change their mind often. Some prisoners with experience, claim they were not up for parole the first time, but were taken to the parole board and granted parole nonetheless. I won't be putting all of my marbles in that sack! But, I can still hope... ha ha Once again, I appreciate all of your help.

Megan1325
04-06-2011, 03:08 PM
My husband is got 5 years probation for meth lab back in 2008 violated probation with no new charge.... He has 356 days credited from 2008 til now.... First time offender on this charge.... hes now in florida leaves here on may 16th.... I got the transcrpt from court where the judge ran both the florida charges and lousianna charges together.... people told me they couldnt but i got them and thats what the judge said.... I counted it up to he would get out Dec' is that right?

diane135130
04-07-2011, 05:50 AM
Since I don't know the actual dates, I can't really answer your question, but if I were you, I would call the facility where he is now and ask for records then ask them his release date. I would verify with them the judge's order for concurrent sentences between Florida and Louisiana. That is really the thing you should be doing....all questions will be answered at that point. Good Luck!

ShanJ123
04-12-2011, 12:39 AM
Hi Elizabeth. My name is Shannon and I am, like many, brand new to this whole jail/prison experience. I have been reading this forum and found you and would like to ask for your help with time calculation. I'll give you the info that you ask and then a general summary of my situation. Many thanks for your help :)

30 months
non violent offender
1st time offender

In 2007 my fiance was charged and convicted of DWI first offense and posession of a schedule 2. He was placed on 3 years probation and 2 1/2 years into his probation he was revoked and sentenced to drug court. Almost a year into drug court, he failed to show up for court, was again revoked and turned himself in on March 1, 2011. He has been in jail ever since, and also served 6 weeks at his original arrest in 2007. His attorney told us he would do 15 months, half his time, but then I'm reading about this 33% time served for first time offenders. So, any help would be greatly appreciated. We have a 6 month old baby girl and I am hoping he doesn't miss the rest of her first year. Also, what do we need to do to be the most prepared for his parole hearing? My calculations using the 33% and his credit for time served was release sometime in August 2011. Thank you again.

diane135130
04-13-2011, 05:57 AM
Yes, he should be parole eligible after having served 1/3 of his time. His rap sheet will reflect his parole eligibility. Ask him for the rap sheet and/or call the records department at the facility where he is and ask them about parole eligibility. He is probably also eligible for work release very soon. They can tell you all of that.

diane135130
04-13-2011, 06:00 AM
And by the way....most attorneys have no clue about good time and parole eligibility. First of all, there is no longer an act that requires the offender to do half their time. All new offenders, if non-violent, non-sex and are not multiple offenders do 46% now instead of 50% but they are also parole eligibile at 1/3....good luck!

ShanJ123
04-13-2011, 12:08 PM
Diane,
Thank you, thank you!! I will call the records department about the work release. I kind of figured his attorney wouldn't really know...I did all the work for his revocation hearing, I think we just paid him cause he's friends with the judge and got him the minimal amount of time. Thanks again for your help, it really means a lot :)

diane135130
04-14-2011, 04:27 AM
You're welcome!

cajungirl2011
04-14-2011, 12:30 PM
ok, answering the questions below and basically asking who I can contact when the prison person says time is calculated correctly, but transcripts state something different. I think the judge's orders need to be simply clarified, but the operative word may be 'simply'. Ok, here is the somewhat short version (below). If you can point me to the person or an entitiy that can actually get this finalized, I would help you any way I can. I have resources for many things, just not much legal and/or prison issues. I know God will richly bless anyone who can help us. Thanks in advance!!

Total years - 12, non violent, multiple offender (7) though specifically NOT habitual offender per judge, no detainers or extra charges known.
3 file #'s sentenced on to run concurrent with any other time serving and retroactive to Nov 5, 2007; sentenced may 24, 2010 (incarcerated since Nov 5, 2007) He qualifies for the 46% good time act and other reductions due to being enrolled in classes (Associate Degree and Computer Class)


* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:[/quote]

babygirl lala
06-13-2011, 04:52 AM
My husband was sentenced to 5 years april 2010. They said he would have to do 85% of his time and he would not be released until. 2014. But now he is up to go for work release next month. Is this info correct about his time?1st time offender 2nd degree robbery.....

LifeTraveler
06-13-2011, 07:30 PM
My husband was sentenced to 5 years april 2010. They said he would have to do 85% of his time and he would not be released until. 2014. But now he is up to go for work release next month. Is this info correct about his time?1st time offender 2nd degree robbery.....

It will depend on what his sentencing papers say and if he was sentenced under any acts. What does his rap sheet say?

sweet nothing
07-07-2011, 11:38 PM
My son was convicted of negligent homicide (2 counts and I count of negligent injury) in a DUI in 2002. He was a first time offender. These charges were to run consecutively. Some where down the line these charges were listed as concurrent. He was given several rap sheets, all giving him a parole date of 2012. He began making plans to return home. He has had no write ups in 9 years. He has been an instructor/tutor for the past 5 years. DOC gave him a parole date, work release date, etc. He transferred to a Drug Recovery Program and upon running his rap sheet they say that he has 6 more years to serve. So, he is not eligible to take the drug recovery program, he cannot go back to his prior prison, he cannot stay where he is. Is there any end to this? Is there anythng that I can do to get his sentence reduced. Would he be granted clemency and where would I find those forms?

His original sentence was 45 years, 2-20 year sentences for the negligent homicides and 1-15 year sentence for the negligent injury.

Thanks.

LifeTraveler
07-08-2011, 03:47 AM
My son was convicted of negligent homicide (2 counts and I count of negligent injury) in a DUI in 2002. He was a first time offender. These charges were to run consecutively. Some where down the line these charges were listed as concurrent. He was given several rap sheets, all giving him a parole date of 2012. He began making plans to return home. He has had no write ups in 9 years. He has been an instructor/tutor for the past 5 years. DOC gave him a parole date, work release date, etc. He transferred to a Drug Recovery Program and upon running his rap sheet they say that he has 6 more years to serve. So, he is not eligible to take the drug recovery program, he cannot go back to his prior prison, he cannot stay where he is. Is there any end to this? Is there anythng that I can do to get his sentence reduced. Would he be granted clemency and where would I find those forms?

His original sentence was 45 years, 2-20 year sentences for the negligent homicides and 1-15 year sentence for the negligent injury.

Thanks.

You would need to get your hands on the original sentencing documents that should be in your son's court transcripts. That would clarify whether his sentence is supposed to concurrent or consecutive. Once you get your hands on those records, then you would need to get that information to the records department at Hunt's, or wherever your son is currently located.

Qb31stlady
08-01-2011, 12:08 PM
My fiancÚ is in East Baton Rouge work release. He has an 25 month sentence. He has already served 12 months. I jus wanted to know when will he be eligible for parole? And how does he go about doing so. He's a second time offender, non-violent. This is his 1st time serving time. Please help me!

swali77
08-06-2011, 10:26 AM
I have been offered a plea agreement by the state and would like some help calculating exactly how much time I would be required to serve.
I was arrested in February 2010. I have 1 1/2 months credit served before bonding out. The plea agreement is as follows...5 years, 3 years suspended. Full D.O.C. benefits and no habitual offender enhancements. This is for a drug offense. I am supposed to accept or reject the offer on August 15 so any help is greatly appreciated. thanks.

snowgirl23
08-16-2011, 10:28 PM
Hi my loved one is currently doing time for manslaughter. He is a first time offender and was sentenced to 20 years. He said he gave some time back to the state and he only had to serve 5 of the 20 years. He recently got in trouble and loss 380 days of good time. Im not understanding how this work. He doesnt recieve good time, so do he have to serve the extra 380 days or will he still be released when its time?

Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

LifeTraveler
08-17-2011, 04:43 AM
Hi my loved one is currently doing time for manslaughter. He is a first time offender and was sentenced to 20 years. He said he gave some time back to the state and he only had to serve 5 of the 20 years. He recently got in trouble and loss 380 days of good time. Im not understanding how this work. He doesnt recieve good time, so do he have to serve the extra 380 days or will he still be released when its time?

What do you mean, "he gave some time back to the state"? So, if he doesn't have good time, how did he get 380 days of good time? What ACT was he sentenced under? What does his rap sheet say?

timeout2964
08-30-2011, 07:04 PM
Son is a second time offender sentence to 4 years non violent ...He currently has served 5 months ..Need help in the calculation please

LifeTraveler
09-02-2011, 03:45 PM
Son is a second time offender sentence to 4 years non violent ...He currently has served 5 months ..Need help in the calculation please

His rap sheet should tell you everything you need to know. You also need to know what, if any, Good Time Laws he was sentenced under.

timeout2964
09-14-2011, 06:54 AM
His rap sheet should tell you everything you need to know. You also need to know what, if any, Good Time Laws he was sentenced under.

He doesn't have his rap sheet yet. He just got sentenced it s/b under HB414

maryann wright
10-14-2011, 04:19 PM
My husband was placed on a 5 year probation sentence and voilated his probation by not reporting and was picked up on july2 ,2011 and hasn't picked up any new charges . I was just wondering if any body could give me some good news on how long he have to serve and what going to happen he has not been to court yet.....

treetree28
02-03-2012, 12:50 PM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

sentenced to three years for distribution of cocaine do i do 85% or do i get good time

clarkmsulm
02-06-2012, 01:43 PM
Yes, he should be parole eligible after having served 1/3 of his time. His rap sheet will reflect his parole eligibility. Ask him for the rap sheet and/or call the records department at the facility where he is and ask them about parole eligibility. He is probably also eligible for work release very soon. They can tell you all of that.

You seem to be very up to date on these programs and processes. As a first offender (true DWI 3rd), non-violent, and sentenced to 1 year hard labor, currently in work release, what would be the PED if sentenced on January 13th. Also, how do i find this information? He has a release date, but the jail says they don't have his master record.

Also, how does he go about applying for Parole?

clarkmsulm
02-06-2012, 03:00 PM
Now they are saying he has an out of state felony for vehicle negligence while intoxicated. He was sentenced on that to 3 years probation (no suspended sentence) and it was supposed to have earned misdemeanor treatment, but they're treating it like a felony.

Please Help!! They are saying his Parole Eligibility Date is 7/10, but his release date is 6/26...

Sooner Stander
03-22-2012, 03:06 PM
My husband was sentenced in Louisiana for vehicular homicide: 1st time offender, non-violent, 10 years. Parole eligibility date of 21 December 2012. How much "parole" time will he carry after being released. Will he be able to own a gun, if so, when? He's a hunter and wants to be paroled to Oklahoma, our home state. He is currently on work release in Monroe, Louisiana at City of Faith, since June 2011.:cool:

knordyke
03-22-2012, 06:29 PM
He will be on parole for the remainder of the sentence. For example, if he is paroled after 5 years of a ten year sentence, he remains on parole for 5 years. Under an act passed last year, he does get "street credit" for time successfully spent on parole.

Parole is NOT a sure thing in La. In 2011, the parole release percentages ranged between 16% and about 25%. Success depends on 1) knowing how to handle one's self before the board 2) victim opposition and 3) law enforcement opposition. Success rates go up dramatically if 2 and 3 above are handled correctly.

Gun ownership is a twofold question: state and federal. I don't know Oklahoma law and he also needs to comply with federal law. Under Louisiana law, the answer is "probably no" until a cleansing period has passed. There are exceptions to everything, of course. He will need to get a lawyer in Oklahoma who really knows this stuff to get an answer for him.






My husband was sentenced in Louisiana for vehicular homicide: 1st time offender, non-violent, 10 years. Parole eligibility date of 21 December 2012. How much "parole" time will he carry after being released. Will he be able to own a gun, if so, when? He's a hunter and wants to be paroled to Oklahoma, our home state. He is currently on work release in Monroe, Louisiana at City of Faith, since June 2011.:cool:

knordyke
03-23-2012, 06:48 AM
I didn't address the desire to be paroled to Oklahoma. That is a question governed by an agreement of the states called the "interstate compact." When a prisoner gets near the time to go up for parole, he/she may go to their classification officer and initiate the process. It is supposed to take about 45 days but often takes longer. Parole cases often get hung up and parole delayed at this stage waiting on the two states to agree on transfer of the supervision.




He will be on parole for the remainder of the sentence. For example, if he is paroled after 5 years of a ten year sentence, he remains on parole for 5 years. Under an act passed last year, he does get "street credit" for time successfully spent on parole.

Parole is NOT a sure thing in La. In 2011, the parole release percentages ranged between 16% and about 25%. Success depends on 1) knowing how to handle one's self before the board 2) victim opposition and 3) law enforcement opposition. Success rates go up dramatically if 2 and 3 above are handled correctly.

Gun ownership is a twofold question: state and federal. I don't know Oklahoma law and he also needs to comply with federal law. Under Louisiana law, the answer is "probably no" until a cleansing period has passed. There are exceptions to everything, of course. He will need to get a lawyer in Oklahoma who really knows this stuff to get an answer for him.

Sooner Stander
03-23-2012, 07:49 AM
I didn't address the desire to be paroled to Oklahoma. That is a question governed by an agreement of the states called the "interstate compact." When a prisoner gets near the time to go up for parole, he/she may go to their classification officer and initiate the process. It is supposed to take about 45 days but often takes longer. Parole cases often get hung up and parole delayed at this stage waiting on the two states to agree on transfer of the supervision.

Thank you for your help. Oklahoma is on board at the Sheriff's office and the District Attorney's office. They have both agreed to write letters on Ron's behalf. I believe the "cleansing period" in Oklahoma is seven years after parole is finished. Would it be up to Oklahoma or Louisiana if he is paroled to Oklahoma? There may be opposition from the victim's family at parole time, but I believe that he will have favorable statements from his warden and several officers where he served his time. Is there anything he can do to help his chances of getting parole? I assume that your statement about parole time means that no matter how much "time" he does in the system, he will do the entire time via serving and parole? Thanks again for your help.

cajungirl2011
03-23-2012, 12:06 PM
I am posting this as information for anyone who may benefit from it. I have spent almost a year working on this and between my husband's mother and I, thousands of $. We have finally got both a clear picture of the process/problems with time calculation in Louisiana by DOC and how ignorant judges, attorneys and prosecutors are of the laws and calculation procedures. When you think in a logical way, it does not benefit any of the judges or attorneys to know this procedure because it truly only benefits the inmate. Ok, I have rambled on enough I suppose.

He took a plea that was to be 3 convictions (one 10 and 2 twelve year sentences) all to run retroactive and concurrent back to his arrest date. This amounted to basically one 12 year sentence. The sentencing transcript specifically had that verbaige and a direct conversation between the judge outlining his intent and making sure it was understood. DOC would not give him GT on 2 of those because there were bonds attached to them that were never revoked. Now those two sentences had different start dates, and of course end dates because of disallowed GT. They gave awarded credit to those two and we could not figure out why they were not calculating it 'retroactive and concurrent'. Two motions were filed to amend sentence. Both were granted. Still DOC would not budge. I felt like we were just not using the right 'words'. 7 different attorneys said over and over that 'retroactive and concurrent' should be the determining factor and they did not understand what the problem was.

After doing hours and hours of research online, reading minutes from the LA sentencing commission and denied appeals from district court, a picture was forming in my head. So I started calling people and askiing questions and faxing transcripts and asking more questions.

It seems that it is standard procedure for DOC to use only the minutes of a sentencing and jail credit letters to make their calculations. On the surface you would assume that would suffice, until you read the minutes. Minutes are a very condensed version of the official transcript, and in this case they did not contain two very key words, yes you guessed it 'retroactive and concurrent'. Those were no where in the minutes at all. In fact, most of the people I spoke with who had any involvement with this case, did not know that those particular terms were in the transcript. How would they? They had never seen the transcript! Well, they did when I was through! I burned up some fax machines and UPS loves me as well. Just call me a squeaky wheel baby!

Anyways, if anyone out there is up against a simular problem, let me know and I will give you all my info and contacts and at least you can stir it up some. The LA sentencing commission is trying to streamline the calculation process and make it more user friendly and understandable. By their own admission they called it a 'scheme that no one understands'. The inmate has very limited relief to him if he does not have someone on the outside helping him do this. An ARP is one good way, but he still has to attach documentation and give legitimate reasons for his request. Without someone making copies for him and phone calls, etc. he may be released by their time table years down the road.

I am determined that other wives will not have to endure a longer than agreed to separation from their husbands, nor their kids or families. If you do the crime, you have to do the time, BUT not one minute more!!!!

JessicaL0421
04-05-2012, 06:55 PM
33 months I guess 2 and a half years. Non violent (incarcerated due to a distribution of marijuana charge). No detained. Was already in DOC for 8 months then got transferred to detention center. Not sure about the felon time. But it's either 2nd or 3rd offender, but no violent offenses. Before he went in he was on probation and house arrest. He did mention that he would get good time and stuff. Hope this helps

knordyke
04-05-2012, 08:30 PM
If he is non-violent (term of art), he is also probably parole eligible. When he gets the master prison record, check on the first page, about a third of the way down and it should have "WRED" and "PED." The PED appears as a date if he is parole eligible. Depending on the act, he could be eligible for parole release substantially sooner than the goodtime date.

The WRED is the EARLIEST that he could go to work release. It does NOT mean that he will go to WR.



33 months I guess 2 and a half years. Non violent (incarcerated due to a distribution of marijuana charge). No detained. Was already in DOC for 8 months then got transferred to detention center. Not sure about the felon time. But it's either 2nd or 3rd offender, but no violent offenses. Before he went in he was on probation and house arrest. He did mention that he would get good time and stuff. Hope this helps

knordyke
04-05-2012, 08:36 PM
Congratulations for making it through this thicket. I do this every day and do it for a living and it is TOUGH to try to explain that judges and lawyers just don't know this stuff very well. It is NOT the lawyers and judges fault. The only folks that really know this area of law are the DOC specialists and a couple (VERY small number- maybe 1 or 2 at most in the State) of private lawyers who do this exclusively. You are to be commended for working hard and getting this figured out. Most folks can't do what you did.

Keith



I am posting this as information for anyone who may benefit from it. I have spent almost a year working on this and between my husband's mother and I, thousands of $. We have finally got both a clear picture of the process/problems with time calculation in Louisiana by DOC and how ignorant judges, attorneys and prosecutors are of the laws and calculation procedures. When you think in a logical way, it does not benefit any of the judges or attorneys to know this procedure because it truly only benefits the inmate. Ok, I have rambled on enough I suppose.

He took a plea that was to be 3 convictions (one 10 and 2 twelve year sentences) all to run retroactive and concurrent back to his arrest date. This amounted to basically one 12 year sentence. The sentencing transcript specifically had that verbaige and a direct conversation between the judge outlining his intent and making sure it was understood. DOC would not give him GT on 2 of those because there were bonds attached to them that were never revoked. Now those two sentences had different start dates, and of course end dates because of disallowed GT. They gave awarded credit to those two and we could not figure out why they were not calculating it 'retroactive and concurrent'. Two motions were filed to amend sentence. Both were granted. Still DOC would not budge. I felt like we were just not using the right 'words'. 7 different attorneys said over and over that 'retroactive and concurrent' should be the determining factor and they did not understand what the problem was.

After doing hours and hours of research online, reading minutes from the LA sentencing commission and denied appeals from district court, a picture was forming in my head. So I started calling people and askiing questions and faxing transcripts and asking more questions.

It seems that it is standard procedure for DOC to use only the minutes of a sentencing and jail credit letters to make their calculations. On the surface you would assume that would suffice, until you read the minutes. Minutes are a very condensed version of the official transcript, and in this case they did not contain two very key words, yes you guessed it 'retroactive and concurrent'. Those were no where in the minutes at all. In fact, most of the people I spoke with who had any involvement with this case, did not know that those particular terms were in the transcript. How would they? They had never seen the transcript! Well, they did when I was through! I burned up some fax machines and UPS loves me as well. Just call me a squeaky wheel baby!

Anyways, if anyone out there is up against a simular problem, let me know and I will give you all my info and contacts and at least you can stir it up some. The LA sentencing commission is trying to streamline the calculation process and make it more user friendly and understandable. By their own admission they called it a 'scheme that no one understands'. The inmate has very limited relief to him if he does not have someone on the outside helping him do this. An ARP is one good way, but he still has to attach documentation and give legitimate reasons for his request. Without someone making copies for him and phone calls, etc. he may be released by their time table years down the road.

I am determined that other wives will not have to endure a longer than agreed to separation from their husbands, nor their kids or families. If you do the crime, you have to do the time, BUT not one minute more!!!!

JessicaL0421
04-05-2012, 10:58 PM
If he is non-violent (term of art), he is also probably parole eligible. When he gets the master prison record, check on the first page, about a third of the way down and it should have "WRED" and "PED." The PED appears as a date if he is parole eligible. Depending on the act, he could be eligible for parole release substantially sooner than the goodtime date.

The WRED is the EARLIEST that he could go to work release. It does NOT mean that he will go to WR.

My post was actually a reply for the very first post in this thread

bliotto
07-07-2012, 08:51 AM
My mom was originally charged with drug charge involving a juvinelle I'm not sure of the exact charge name. She was sentenced to five years probation 1 year house arrest. She only did six months probation before she ran. She wasn't in touch with her po for two years. She got picked up for the warrant and is now in jail. She is thinking she is going to get sentenced to her full time of six years. Can u help me calculate the time she would really have to do? Also is there anyway to help reduce her charges in jail?

Thanks

LifeTraveler
07-07-2012, 09:26 PM
She will probably have to do her six years. However, without knowing what year she was sentenced, it's hard to say.

mspeeler2010
07-15-2012, 11:40 AM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

-Served 2 years and 4 months on a 5 year sentence
- Date of Arrest- 3-4-10
- One detainer in New Orleans, LA
- Original released date was 6-21-12 but bc of the detainer he has to sit

tananlarry4ever
07-16-2012, 12:40 PM
My fiance got got arrested Feb 21,2012 and sentenced on May 14,2012 he got 5 year sentence then another 5 year sentence ram concurrent with 5 years suspended. I check his release date on the automated phone and it said June 12,2014. He is a non violent offender, his 4th offense. He is taking his G.E.D in August cause he scored 12.9 straight across on his tabe test. How much good time can he get off???

mzwilliams2011
07-16-2012, 11:23 PM
I would like for us to get in contact some kind of way , I would really like to get that infromationb from you. I've been searching for ways to help my husband come home.



I am posting this as information for anyone who may benefit from it. I have spent almost a year working on this and between my husband's mother and I, thousands of $. We have finally got both a clear picture of the process/problems with time calculation in Louisiana by DOC and how ignorant judges, attorneys and prosecutors are of the laws and calculation procedures. When you think in a logical way, it does not benefit any of the judges or attorneys to know this procedure because it truly only benefits the inmate. Ok, I have rambled on enough I suppose.

He took a plea that was to be 3 convictions (one 10 and 2 twelve year sentences) all to run retroactive and concurrent back to his arrest date. This amounted to basically one 12 year sentence. The sentencing transcript specifically had that verbaige and a direct conversation between the judge outlining his intent and making sure it was understood. DOC would not give him GT on 2 of those because there were bonds attached to them that were never revoked. Now those two sentences had different start dates, and of course end dates because of disallowed GT. They gave awarded credit to those two and we could not figure out why they were not calculating it 'retroactive and concurrent'. Two motions were filed to amend sentence. Both were granted. Still DOC would not budge. I felt like we were just not using the right 'words'. 7 different attorneys said over and over that 'retroactive and concurrent' should be the determining factor and they did not understand what the problem was.

After doing hours and hours of research online, reading minutes from the LA sentencing commission and denied appeals from district court, a picture was forming in my head. So I started calling people and askiing questions and faxing transcripts and asking more questions.

It seems that it is standard procedure for DOC to use only the minutes of a sentencing and jail credit letters to make their calculations. On the surface you would assume that would suffice, until you read the minutes. Minutes are a very condensed version of the official transcript, and in this case they did not contain two very key words, yes you guessed it 'retroactive and concurrent'. Those were no where in the minutes at all. In fact, most of the people I spoke with who had any involvement with this case, did not know that those particular terms were in the transcript. How would they? They had never seen the transcript! Well, they did when I was through! I burned up some fax machines and UPS loves me as well. Just call me a squeaky wheel baby!

Anyways, if anyone out there is up against a simular problem, let me know and I will give you all my info and contacts and at least you can stir it up some. The LA sentencing commission is trying to streamline the calculation process and make it more user friendly and understandable. By their own admission they called it a 'scheme that no one understands'. The inmate has very limited relief to him if he does not have someone on the outside helping him do this. An ARP is one good way, but he still has to attach documentation and give legitimate reasons for his request. Without someone making copies for him and phone calls, etc. he may be released by their time table years down the road.

I am determined that other wives will not have to endure a longer than agreed to separation from their husbands, nor their kids or families. If you do the crime, you have to do the time, BUT not one minute more!!!!

AlwaysHisMom
03-23-2013, 12:15 AM
ok, Im still trying to figure this out lol please help...here is info:

total number of years sentenced: 7.5
* violent or non-violent offense: non violent, drugs
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not) was arested one time and put on probation, then 2 yrs later arested again for drugs and sentenced 7.5 yrs first time in prison.(not sure if that first or second?)
* any detainers: no
* extra charges for probation/parole violations: probation violations run together with 7.5
* and any other helpful information that you can think of : he was arrested 5/24/2010 and been in jail every since then, he was sentenced oct 2011. so since that was AFTER Aug 2011 will the new sentencing law apply to him? what is out date?

Nick'sgurl8186
06-05-2013, 09:43 AM
My boyfriend is serving time for a probation violation. He asked about a 30 day turn around butwas told he could not get one because he revoked his probation. He was unaware that he could not get the 30 days because his PO told him he had no other option. There is definitely more but if anyone can help. I can explain everything.

LifeTraveler
06-06-2013, 12:21 AM
My boyfriend is serving time for a probation violation. He asked about a 30 day turn around butwas told he could not get one because he revoked his probation. He was unaware that he could not get the 30 days because his PO told him he had no other option. There is definitely more but if anyone can help. I can explain everything.

I've never heard of a 30 day turnaround in Louisiana for a probation revocation. What usually happens is that if parole is violated, the parolee goes back and finishes serving the rest of his time on the original sentence.

knordyke
06-06-2013, 11:20 AM
Act 402 (I think it is 402) of last year allows sanctions less than revocation to be imposed by the P.O. The act doesn't apply to sex offenders and violent offenders. The basic design is to permit the PO to send the guy off to substance abuse treatment instead of returning to prison. There is another recent act that also permits "lesser" sanctions to be imposed by the PO. I don't really have these to acts committed to memory because 99.99% of the clients I deal with are either SO or violent offenders and these acts don't apply. I have to use other creative sanctions!

Keith



I've never heard of a 30 day turnaround in Louisiana for a probation revocation. What usually happens is that if parole is violated, the parolee goes back and finishes serving the rest of his time on the original sentence.

JustOneYear
10-03-2013, 11:34 AM
I cant post the URL but if you google "Louisiana good time" you should see the article on NOLA dot COM. I pasted the short part of it below


"Gov. Bobby Jindalhas signed a bill to simplify the calculation for how criminals convicted of non-violent, non-sex-related offenses earn "good time" in jail for a possible earlier release. Supporters say the changes will allow all parties to know when an offender could be released. The bill changes the calculation so that good time is earned at the rate of 1.5 days for every one day in jail or 45 days for every 30 days served. The rate for the "good-time" release now is 35 days for every 30 days served.House Bill 994 by Rep. Joseph Lopinto is part of Jindal's 2012 legislative package and was a policy proposal recommended last year by the Louisiana Sentencing Commission.
The bill goes into effect Aug. 1, and will apply only to criminals sentenced starting on that date."

NOW. If I am reading this correctly, this is what should happen.

I have to report for sentencing on October 31st for a mandatory minimum 2 years sentence for
1.non-violent
2.first time
3.drug offense

from my understanding from conversations with my lawyer and from what the judge has said to my family is this.
1. I will be sentenced to 2 years in the DOC. those 2 years are without the benefit of Probation, Parole, or Suspension of sentence. Which basically means that the Judge HAS to sentence me to the 2 years.
2. I will ACTUALLY serve 1/2 of that sentence. Which means that it would be whittled down to 1 year.
3. According to the new law of 1.5 days for every day served, that would cut it down further to around 8-9 months.

This is what I have been told by the sentencing judge and my lawyer (which is that it would be around 8-9 months). I'm just throwing this out there to get some feedback on this from other people and to see if they have any experience with time calculations based on the new law signed in August of 2012.

Thanks.

siney101
05-15-2014, 06:54 PM
Is thier anyone fimiluar with louisanna procedures and requirements when it comes to parole and probation? No one seems to be able to answered our questions nor give me any insight on to where I can get my husbands info... Please let me know any info or let me know if it's me... Okay my husband got in trouble in ouachita in 02.11.09' he was charged with DRUGS POSS CASe 1. And did Five years at the restitution center. They released him on parole and febuary would expire. But March 2013 had caught a case in NEVADA were we live and is doing a 2 -6 and has just about 6 more months left here. I have called parole and probation they tell me that the file on my husband all it shows is he expired in February I call to otimated number and it does not have any record of him. But vine link tells me he's incarcerated in Louisiana corrections. But he's not. We don't know if thier tuning it concurrent? How much good time and or anything about it. I'm not fimilary with the procedures and regulation of Louisiana. I'm Clueless

knordyke
05-16-2014, 06:57 AM
Are you saying that he full termed the Louisiana sentence PRIOR to the commission of the Nevada offense? If the answer is yes, then he owes Louisiana nothing. If no, then I have no ability to answer without clean facts which which to work.




j

Is thier anyone fimiluar with louisanna procedures and requirements when it comes to parole and probation? No one seems to be able to answered our questions nor give me any insight on to where I can get my husbands info... Please let me know any info or let me know if it's me... Okay my husband got in trouble in ouachita in 02.11.09' he was charged with DRUGS POSS CASe 1. And did Five years at the restitution center. They released him on parole and febuary would expire. But March 2013 had caught a case in NEVADA were we live and is doing a 2 -6 and has just about 6 more months left here. I have called parole and probation they tell me that the file on my husband all it shows is he expired in February I call to otimated number and it does not have any record of him. But vine link tells me he's incarcerated in Louisiana corrections. But he's not. We don't know if thier tuning it concurrent? How much good time and or anything about it. I'm not fimilary with the procedures and regulation of Louisiana. I'm Clueless

nadia504
05-25-2014, 11:05 PM
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:
can i get some help on good time

nadia504
05-25-2014, 11:07 PM
25 years
no parole no probation
violent crime

nadia504
05-25-2014, 11:07 PM
1st offence

LifeTraveler
05-27-2014, 08:17 PM
What does his rap sheet say?

knordyke
05-28-2014, 07:18 PM
Pure guess as I don't know what the offense was but based on 1st offense, violent with 25 year sentence, he is probably going to do 85% under Act 150. His PED should be the same as the good time date or even later than the GTD because of CTRP credits, if earned. All of the above assumes that he is not flattened out due to the offense or due to something else I don't know about. AND, LT is correct is asking what does the master record indicate?



25 years
no parole no probation
violent crime