View Full Version : My husband was sentenced, how do I determine release date?


JoeysLover
07-11-2009, 12:43 AM
So me and my husband were arrested on 5-21-09. I bailed out and got my charges dismissed, he was just sentenced today 7-10-09 to 210 days of jail. How much does he have to serve? He was convicted of a drug possession and paraphenalia and lying to an officer.

Does the time he's spent in custody count? Does he serve 80%? Thanks for any information, I'm trying to figure out when he might be coming home?


Oh, and he was on parole when we were arrested. But in his sentencing it doesnt mention continuing parole? We were past the one year date (he was released on 5-3-08), but he was...obscounding? In his new sentencing it says 3 years formal probation. Is the parole gone? (that would be nice).

robby340
07-12-2009, 06:30 PM
Without knowing what county he is in (for conduct credits) the best answer I can give is he will be released on December 17th. Now, since he was abounding, and had previous problems with parole they could sentence him to what ever time he had left on those charges.

Does he have a CDCR hold? If so they are probably waiting to pick him up to do his parole violation and sentencing. It is highly doubtful that parole will forget about him.

Best of luck.

Gryphon
07-13-2009, 01:48 AM
If he goes to CA state prison, he gets 33% conduct credits for local time and 50% conduct credits for state time (assuming he does not have a strike enhancement. If he has a strike enhancement he gets 33% for local conduct credits and 80% for state prison conduct credits.)
If lying to cops is a PC 148, then his absolute maximum expose is 3 years state prison. The crime can also receive 16 mos. or 2 years; or up to 1 year county jail (assuming the drug possession is a felony). If the possession is a misdemeanor, the most he'd possibly get is 1 year county jail.
Be it felony or misdemeanor, he recieved a probation grant and will serve around 2/3 of teh setnence in the county jail. SOme county jails have additional credits aht can be earned for things like education credits. Some county jails are overcrowded, and some inmates get kicked out early. If so, this is teh sort of criem that results in being considered for early release.
He may also be able to various forms of alternative sentencing, including electronic home monitoring. His lawyer will be able to advise him of those possibilities.
He didn't get CA Prop 36 Court sentencing because of the PC 148 charge, which is not drug possession related.

So me and my husband were arrested on 5-21-09. I bailed out and got my charges dismissed, he was just sentenced today 7-10-09 to 210 days of jail. How much does he have to serve? He was convicted of a drug possession and paraphenalia and lying to an officer.

Does the time he's spent in custody count? Does he serve 80%? Thanks for any information, I'm trying to figure out when he might be coming home?


Oh, and he was on parole when we were arrested. But in his sentencing it doesnt mention continuing parole? We were past the one year date (he was released on 5-3-08), but he was...obscounding? In his new sentencing it says 3 years formal probation. Is the parole gone? (that would be nice).

JoeysLover
07-13-2009, 12:17 PM
This is in Orange County, CA.

He paroled on 5-3-08 from Centinela (in San Diego), so his parole was originally there, until we had it transfered to Orange County.

Now I'm worried about parole, would they decide to continue his parole even though he was past 1 year (the parole was to be for one year). Or would he be violated and have to go to state prison again? Surely these new charges are a violation, but who do I call to find out about what the parole sentencing will be? In Orange County you can see online about criminal cases, but San Deigo (the original county of his last state sentence) doesn't have such a thing.

The charges he was picked up for this time are:

1) 5/21/2009 11350(a) HSF Unlawful possession of controlled substance GUILTY07/10/2009Pled Guilty07/10/2009
2) 5/21/2009 11364 HSM Possession of controlled substance paraphenalia GUILTY07/10/2009Pled Guilty07/10/2009
3) 5/21/2009 4140 BPM Unauthorized Possession Hypodermic Needle GUILTY07/10/2009Pled Guilty07/10/2009
4) 5/21/2009 148.9(a) PCMFalsely representing self to officer GUILTY07/10/2009Pled Guilty07/10/2009

So, four things.

And then the sentencing was:

1) 1,2,3 07/10/2009 3 years Probation
3) 1,2,3,4 07/10/2009 210 days Jail
4) 1,2,3 07/10/2009 Drug Court Program
2) 4 07/10/2009 3 years Probation


But when he was picked up he was ALSO on probation, informal, a Prop 36 program, which he hadn't completed. So I checked back with that old case and found out because he didn't do that he was sentenced to 30 days jail.

This other case, the charges:

1) 9/13/2008 11364 HSM Possession of controlled substance paraphenalia GUILTY09/23/2008Pled Guilty09/23/2008
2) 9/13/2008 4060 BPM Possess Controlled Substance Without Prescription GUILTY09/23/2008Pled Guilty09/23/2008

and then the NEW sentencing:

1) 1,2 09/23/2008 3 years Probation
2) 1,2 09/23/2008 Penal Code 1210 Drug Program
3) 1,2 05/27/2009 30 days Jail



So, notice the new May 2009 date, that was never there before.


Can you then, Gryphon, calculate the date he will be released? Assuming he is Continued On Parole (his parole agent was amazingly nice, and no dirty tests from him). So he's been in jail since 5/21/2009, and he was sentenced to 210 days for this one, 30 days for the other one, and we don't know about parole (argh). And I assume he will be spending this entire sentence in county jail?

Gryphon
07-13-2009, 01:42 PM
He'll also have a parole violation to deal with. If the violation is texactly he SAME as the criminal charges, then the criminal case sentence runs concurrently with the VOP. That means he might not have to serve as long on the violation.
Yes, he's most likley blown his chance to early terminate his parole.

This is in Orange County, CA.

He paroled on 5-3-08 from Centinela (in San Diego), so his parole was originally there, until we had it transfered to Orange County.

Now I'm worried about parole, would they decide to continue his parole even though he was past 1 year (the parole was to be for one year). Or would he be violated and have to go to state prison again? Surely these new charges are a violation, but who do I call to find out about what the parole sentencing will be? In Orange County you can see online about criminal cases, but San Deigo (the original county of his last state sentence) doesn't have such a thing.

The charges he was picked up for this time are:

1) 5/21/2009 11350(a) HSF Unlawful possession of controlled substance GUILTY07/10/2009Pled Guilty07/10/2009
2) 5/21/2009 11364 HSM Possession of controlled substance paraphenalia GUILTY07/10/2009Pled Guilty07/10/2009
3) 5/21/2009 4140 BPM Unauthorized Possession Hypodermic Needle GUILTY07/10/2009Pled Guilty07/10/2009
4) 5/21/2009 148.9(a) PCMFalsely representing self to officer GUILTY07/10/2009Pled Guilty07/10/2009

So, four things.

And then the sentencing was:

1) 1,2,3 07/10/2009 3 years Probation
3) 1,2,3,4 07/10/2009 210 days Jail
4) 1,2,3 07/10/2009 Drug Court Program
2) 4 07/10/2009 3 years Probation


But when he was picked up he was ALSO on probation, informal, a Prop 36 program, which he hadn't completed. So I checked back with that old case and found out because he didn't do that he was sentenced to 30 days jail.

This other case, the charges:

1) 9/13/2008 11364 HSM Possession of controlled substance paraphenalia GUILTY09/23/2008Pled Guilty09/23/2008
2) 9/13/2008 4060 BPM Possess Controlled Substance Without Prescription GUILTY09/23/2008Pled Guilty09/23/2008

and then the NEW sentencing:

1) 1,2 09/23/2008 3 years Probation
2) 1,2 09/23/2008 Penal Code 1210 Drug Program
3) 1,2 05/27/2009 30 days Jail



So, notice the new May 2009 date, that was never there before.


Can you then, Gryphon, calculate the date he will be released? Assuming he is Continued On Parole (his parole agent was amazingly nice, and no dirty tests from him). So he's been in jail since 5/21/2009, and he was sentenced to 210 days for this one, 30 days for the other one, and we don't know about parole (argh). And I assume he will be spending this entire sentence in county jail?

JoeysLover
07-13-2009, 01:51 PM
Does he serve his time in state prison or Orange County jail if the violation is the same (or shorter?)?

Gryphon
07-13-2009, 10:36 PM
Parole will leave him to serve the violation in the county jail if the parole violation is concurrent. Otherwise, he does his local time and thereafter is transported to do his state time. (It doesn't have to work that way, but nearly always does when the defendant is in the county jail and serving a sentence.)

Does he serve his time in state prison or Orange County jail if the violation is the same (or shorter?)?

Carlos Medina
07-17-2009, 01:35 PM
So me and my husband were arrested on 5-21-09. I bailed out and got my charges dismissed, he was just sentenced today 7-10-09 to 210 days of jail. How much does he have to serve? He was convicted of a drug possession and paraphenalia and lying to an officer.

Does the time he's spent in custody count? Does he serve 80%? Thanks for any information, I'm trying to figure out when he might be coming home?


Oh, and he was on parole when we were arrested. But in his sentencing it doesnt mention continuing parole? We were past the one year date (he was released on 5-3-08), but he was...obscounding? In his new sentencing it says 3 years formal probation. Is the parole gone? (that would be nice).



Give me more info. Is he in Federal or State prison? What State? Give me his numbers. I'll let you know. Write to me at . I'll help you OK.