View Full Version : Facing a 3-5 Flat sentence Need Advice about what this actually means


Trish78i
06-21-2010, 06:33 PM
I'm a first time ever in trouble girl who took a plea for a 3-5 yr flat term to the courts discrestion. I have no criminal history. Nothing. I was told that I should get the 3 but don't really understand what I will actually have to do. I was told I was a dream candidate for the ISP program. People are telling me that I could be out in as little as 4-6 months..Please help I have no idea what to expect. I just know that I am going to Clinton at some point. Thanks everyone.

MrsRE24
06-21-2010, 06:48 PM
As far as I knew, flat term was day for day. But i coul be wrong. Hope someone comes along and helps you out . Best of luck

queens3
06-21-2010, 08:23 PM
Try to PM Bean She is very good with help hopefully she will see ur thread I am think flat mean 85 % of 3 yrs but she will no more Hopefully someone will come along GL

bean123
06-21-2010, 09:34 PM
a 3 flat basically means you'll get sentenced with a mandatory minimum. you'll serve roughly 9 months for every year you are sentenced so your max out should be 3x9=27 months from the date you get taken in minus any time you've already done.

the 85% only applies if you get sentenced under NERA which is doesnt sound like you will be.

Trish78i
06-22-2010, 11:28 AM
I don't have a violent crime. It is very very white collar. No drug charges anything. It is a theft by deception charge. I was told that I could apply for ISP or the Halfway house as soon as I get to Clinton. Everyone around here is saying probably be out in 6 at the most with ISP and if I go to the halfway house it depends on the house. I just want to know what to expect. I know ISP is said to be hard and strict but if it means going home I'll do what I have to . I am on a bracelet now till sentencing in August. I am trying to figure out what to expect. I would like to go on ISP at my B/F's house when I can cause living with my mom (where i am now) is not a good fit. We are at each others throats daily. I was told ISP perfers family then a B/F...What if we were engaged, do you think that would help.?? thanks for all the help though...oh and I was told that if i was rejected from a program I would do 9 months and 27 days till parole? does this sound right?

alexsci
06-23-2010, 11:24 AM
That is exactly the charge that my friend's son received a 3 flat for. He went in mid October and was out on ISP by mid March of last year. It was almost exactly five months. He would have been eliglble for parole mid July but took the ISP although that is a tough expensive program. He lived at home with his parents and they did support him driving him back and forth to community service and meetings with his PO. His mom, my friend, told me she worried a lot in the beginning especially when he lost his job right before the end of 90 days. He was able to find another one and she feels he will successfully complete the program. Good luck.

runningman
07-22-2010, 08:09 AM
listen very carefully I live and work in NJ with the criminal court system,
three flat is 24 months on A max out after 9 months your eligable for parole and after 90days your eligable for ISP but with ISP they will make you wait roughly 45 to 60 more days till release so ISP is a total of 5 to 6 months but here's the kicker becareful with ISP they like sending people back on really stupid violations. Also the time if they choose that you spent out will not count towards your sentence so be very careful the justice system in NJ is very corrupt. AS for parole the time you spend out side on parole counts towards your sentence the jugde cant even take that away so dont get caught up in doing 2 sentences for the price of one

Inspiration
07-22-2010, 02:31 PM
Seems to me that you should ask your lawyer about PTI (Pretrial Intervention) If this is your first crime and it's non-violent, they may let you take part in that program. It's all probation and no incarceration. I would check into that. Other than that, yes, you should apply for ISP.

And runningman, you are wrong about ISP. The time you serve on ISP is counted towards your sentence. It's drug court that doesn't count the time as served. My son was in both programs, well he's in the drug court program now. And ISP DOES count the time served. Unless things have changed in the last two years, which I haven't seen anything. But I have been wrong before. Just giving you my experience with the system.

runningman is right about one thing, it does take forever to get through the ISP process and by that time if you got a 3 flat you would be eligible for release anyway. So ISP may not be a good option for a 3 flat. If you get any more than that, you may want to consider it. But have your lawyer ask for strictly probation first. You gotta start bargaining somewhere. May as well ask for the lowest possible sentence and go from there.

Good luck!

alexsci
07-23-2010, 08:17 AM
Update on friend's son: He just completed the ISP program and is now DOC free. My friend is breathing a little easier now. Well, as much as you can breathe easy with a 21 year old impulsive young man. Good luck.

ForMyBoy
07-23-2010, 08:03 PM
runningman-thought you were us for advise about violatiing your probation? Why when you work for the criminal justice system, you should know.

Trish-Sorry but there are many factors the determine your max out. 24 months is not set in stone. Alot depends on your status credits and your work credits. (7 day jobs get more time off and the lower the status also more time off) Son maxed at 22 months on 3 flat while his buddy did 27 on a 3 flat. Son had 7 day job while his bud did not. Both were denied parole twice.
3-5 years is a 3rd degree, right? Hope your lawyer can fight for probation for you. Or yes, apply for PTI. Cant hurt to try. If need be then apply for ISP.
Best of luck. Hope you got PTI.

Congrats to your friend's son, alexsci for competing ISP. See it's doable. Just got to be serious about it and follow the rules. May be tough but if you want to change, it can be done.

JerseySeagull
07-23-2010, 08:08 PM
Update on friend's son: He just completed the ISP program and is now DOC free. My friend is breathing a little easier now. Well, as much as you can breathe easy with a 21 year old impulsive young man. Good luck.

CONGRATULATIONS!!! One less soul to torture!

bean123
07-23-2010, 08:16 PM
i just realize i made a typo in my post...i meant to say "a 3 flat basically means you'll get sentenced withOUT a mandatory minimum. "

Trish78i
07-24-2010, 08:49 AM
I have a second degree charge but the plea is to be sentenced as a 3rd degree. I was told that I should get the 3 flat but they can give me up to a 5. I can't get PTI because of the 2nd degree charge. I go to sentencing on August 6th. Freaking out a little bit but I have heard pretty good things about Edna Mahan (Clinton) so hopefully it will go fast. I have been on house arrest for the last two months so that will go towards my time too right? I just don't know weather to apply for ISP and hope to be out of there in about 4-6 months or to just wait for the parole elig. at 9 months and 27days.?? WIth my 2 months that I am doing now at home plus the two weeks I will sit in county till they send me to Clinton I'll have almost 3 months in and have just 6 till parole? or to apply to ISP and maybe be out about the same time. I don't have issues with drugs so not too worried about ISP and have been offered jobs even while out on the house arrest ( of course not the greatest jobs, but its money) so the ISP is definately doable for me. Thanks everyone for the great responses and anything else is welcomed.. Just freaked out about going away and being with out my little ones for any amount of time.

Embalmer
07-24-2010, 09:23 AM
a 3 flat basically means you'll get sentenced with a mandatory minimum. you'll serve roughly 9 months for every year you are sentenced so your max out should be 3x9=27 months from the date you get taken in minus any time you've already done.

the 85% only applies if you get sentenced under NERA which is doesnt sound like you will be.

Thanks for expaining this. I always wondered what the "flat" part meant when I heard it mentioned.

Embalmer
07-24-2010, 09:25 AM
I have a second degree charge but the plea is to be sentenced as a 3rd degree. I was told that I should get the 3 flat but they can give me up to a 5. I can't get PTI because of the 2nd degree charge. I go to sentencing on August 6th. Freaking out a little bit but I have heard pretty good things about Edna Mahan (Clinton) so hopefully it will go fast. I have been on house arrest for the last two months so that will go towards my time too right? I just don't know weather to apply for ISP and hope to be out of there in about 4-6 months or to just wait for the parole elig. at 9 months and 27days.?? WIth my 2 months that I am doing now at home plus the two weeks I will sit in county till they send me to Clinton I'll have almost 3 months in and have just 6 till parole? or to apply to ISP and maybe be out about the same time. I don't have issues with drugs so not too worried about ISP and have been offered jobs even while out on the house arrest ( of course not the greatest jobs, but its money) so the ISP is definately doable for me. Thanks everyone for the great responses and anything else is welcomed.. Just freaked out about going away and being with out my little ones for any amount of time.

Good luck, Trish!

trosa
07-24-2010, 04:58 PM
listen very carefully I live and work in NJ with the criminal court system,
three flat is 24 months on A max out after 9 months your eligable for parole and after 90days your eligable for ISP but with ISP they will make you wait roughly 45 to 60 more days till release so ISP is a total of 5 to 6 months but here's the kicker becareful with ISP they like sending people back on really stupid violations. Also the time if they choose that you spent out will not count towards your sentence so be very careful the justice system in NJ is very corrupt. AS for parole the time you spend out side on parole counts towards your sentence the jugde cant even take that away so dont get caught up in doing 2 sentences for the price of one

What's with you? First you say you are on the run for a third DUI and now you work for the court system. Go bother someone else. These people have enough problems than to play games with you.

ericarota817
07-24-2010, 07:47 PM
does anyone know how long a 4 flat is? How long does someone have to serve on a 4 flat until they are elgiible for parole?Thankss