View Full Version : What could his sentence be?


Heather6310
10-20-2010, 05:57 PM
Sorry if I posted this in the wrong place, this is my first time here and I'm so glad I found it. My husband is in the county jail right now, he's been there since Sept. 1. He's in there for burglary, class b felony, facing 10 yrs. He was drunk and high when he did it, idk if that will make any difference when it comes to sentencing. No weapons involved, no one was home. He's hoping for drug court and/or house arrest. But I honestly think he's just telling me that to keep me going, ya know? Anyways, has anyone else had a loved one in Indiana get convicted of burglary and what was their sentence? Oh, this is his first burglary charge, he's only had a few DUI arrests about 10 yrs ago, no trouble since then. Thanks!

Snowwolf
10-20-2010, 08:00 PM
Welcome to PT. My guy got 6 1/2 years plus 1 year house arrest. "only a few DUIs" isn't something to minimize, if he's been arrested 3 or more times he could be convicted as a habitual offender as well which would carry more time. Good luck to you.

Snowwolf

Cycleman6
10-21-2010, 10:49 AM
I would venture to say that those DUI offenses are likely to bite him in the butt a bit especially if he was drunk when the latest incident happened. It just looks like he never learned his lesson before. The waiting is probably the toughest thing you will go through. A plea will probably come through and that will give you a better idea of what to expect before sentencing.

Heather6310
10-21-2010, 01:50 PM
Thank you both for replying. The waiting and not knowing is the worst. Do they start offering plea bargains before his actual court date, or do you know?

Cycleman6
10-22-2010, 05:59 AM
Man, it's been a while, but I remember going into court 2 times. I think he signed the plea and then went before the judge to plead. He plead guilty and we were outta there. We then came back for sentencing a few months later.

KMK'sMom
01-29-2011, 02:19 PM
My son is also charged with a class B felony for burglary and a class D felony for theft (what he took actually belonged to him!) and violated probation. I read a class B carries a minimum of 6 years. I can't bear the thought. He also has a public defender, don't know if that is a good thing or not.

Heather6310
05-31-2011, 09:04 PM
My son is also charged with a class B felony for burglary and a class D felony for theft (what he took actually belonged to him!) and violated probation. I read a class B carries a minimum of 6 years. I can't bear the thought. He also has a public defender, don't know if that is a good thing or not.

Has your son been sentenced yet? My hubby had a public defender also, he got a plea for 1 yr in jail, 1 year house arrest, and 4 years drug court. He got very lucky. He will be out in August, I can't wait! Oh his charges were 2 class b felonies, 1 class d felony, and 1 class d misdemeanor...I can't believe how lucky he got considering what he was facing.

diannas_dream
06-15-2011, 03:18 PM
Would you happen to know if there is ANY hope for house arrest for an addmitted class a felony? No priors but a huge mistake 6 yrs ago.?

Welcome to PT. My guy got 6 1/2 years plus 1 year house arrest. "only a few DUIs" isn't something to minimize, if he's been arrested 3 or more times he could be convicted as a habitual offender as well which would carry more time. Good luck to you.

Snowwolf

diannas_dream
06-15-2011, 03:22 PM
Dear Friend,

My son is in county 4 mo. and admitted to a class a felony that happened 6 yrs. Never been in trouble before and as been told by "jail buddies he could get house arrest. I that possible? Thank you in advnace for your help.


I would venture to say that those DUI offenses are likely to bite him in the butt a bit especially if he was drunk when the latest incident happened. It just looks like he never learned his lesson before. The waiting is probably the toughest thing you will go through. A plea will probably come through and that will give you a better idea of what to expect before sentencing.

Snowwolf
06-16-2011, 07:44 AM
I have no idea Hon, I'm sorry :( :grouphug: I'm praying for you!

Snowwolf

indianamax
07-15-2011, 01:26 AM
Dear Friend,

My son is in county 4 mo. and admitted to a class a felony that happened 6 yrs. Never been in trouble before and as been told by "jail buddies he could get house arrest. I that possible? Thank you in advnace for your help.

Hi diannas_dream,

While anything is possible, I would not expect house arrest to be granted in this case. Or, perhaps more appropriately, I would expect him to spend several years incarcerated (assuming he is convicted, which seems likely).

The minimum sentence for a Class A felony is 20 years. Any or all of that 20 years may be suspended, so long as he does not have a prior felony conviction. Since you said he has "never been in trouble before" I will assume that's the case.

While incarcerated, offenders receive "2-for-1" credit time (one actual day served counts for two days credit). This is not the case while on house arrest/home detention -- offenders receive one day credit per one actual day served.

To explain this better, let's consider a hypothetical situation: your son receives the minimum 20-year sentence, half of which (10 years) is suspended to probation -- leaving 10 years to be "executed".

For the executed portion, if he were incarcerated he would actually serve five years. If the 10 years were executed on house arrest, he would actually spend all 10 years on house arrest.

Of course, the executed portion could be split up as well -- let's say 50/50.

In this case, he would "execute" 5 years in jail/prison (which would really be 2.5 years due to the "2-for-1" credit time) and the other five years (all of it) on house arrest.

In either case, he would still have 10 years of probation to complete once he successfully completed the executed portion of his sentence.

Another scenario that is also possible: the minimum 20-year sentence, half (10 years) suspended to probation and half (10 years) executed on house arrest.

Honestly, while not completely unheard of, a 10-year sentence on house arrest seems highly unlikely. In my opinion, there would need to be a number of factors highly in your son's favor for a judge to sentence him to 10 years on house arrest.

I'm sure this is not what you want to hear, but I'm trying to be frank. I do not know the details of your son's situation so I won't speculate as to any possible sentence, but I would expect your son to spend at least a few years incarcerated.

-Max

rnkinnett
07-18-2011, 10:35 AM
ALot will depend on the the county..like i am in dearborn county and a FB well on the FB drug charges alotta the people me and my hubby know they got 10 do 5 and some were out in 3 and a half ..."did programs and got time cuts" on the FB burglury i seen quit a few get 8 do 4 and some were first time offenders..but heres wat i did because my hubby was a first time offender and was on bond for a year ... during all his courtdates i would goto Indianadepartmentofcorrections and do inmate search..and u can put in last names only and even first names only..and look through people and i would click on people and see their charges and sentinces..and i would focus on FC "the charge my hubby got"and see their sentince...it kept me busy and let me know wat about he was getting and i made my mind up b4 he went in that i was gonna stand by him all the way and FC mine got 4 do 2 !st offense.he recently got a time cut and i am 10 months into it and he has only almost 8 to go,....time starts going by wen u and him get a routine going on...best of luck

indianamax
07-27-2011, 12:26 PM
While incarcerated, offenders receive "2-for-1" credit time (one actual day served counts for two days credit). This is not the case while on house arrest/home detention -- offenders receive one day credit per one actual day served.

For the benefit of others who may come across this thread in the future, note that what I wrote above is incorrect. Fortunately, it has been several years since I was on house arrest/home detention and Indiana law has changed since that time. "2-for-1" is now given to those placed on house arrest/home detention as well as those incarcerated.

Sorry for the misinformation,
-Max

Ncthomas
08-05-2011, 11:22 AM
I hate to be the bearer of bad news but more than likely he is going to do a little bit of time for a B felony (residential) burglary. B felonies carry 6-20 years with the advisory being 10yrs. I had never been in trouble before EVER and I picked up a B felony burglary in 2008. I was strung out on pain pills and just feeding my habit. I received 10 years with 5 suspended and 5 executed. I was released in December or 2010.

ily0524
08-29-2011, 08:48 PM
i wouldnt necessarily say you know hes going to do some hard time for a class b felony...because i just had a friend of a friend who has a verrrrry extensive criminal record (mainly burglaries and theft charges) not to mention mannny other charges and only did 4 months for a class b. i would leave it up to the judge and the prosecutors because every case is different, and he just might get lucky

MrsPintorxo
09-13-2011, 10:02 PM
My husband has been in the county since march 23rd. hes beinq charqed with 3 class a felonies of distributinq cocaine near a subsidized housinq unit. ( less than or up to 3 qrams is what it was. 3 separate controlled buys. ] im terriffied. what should i exspect but hope for?

indianamax
09-14-2011, 12:17 AM
Hi MrsPintorxo,

If I remember right, you mentioned before that he pled guilty to the three Class A felonies. Was there a plea bargain involved or did he "plead blind"? If there was a plea bargain, you should already have some idea of what to expect.

I'm going to blunt and you may not want to hear it. If that's the case, don't read any further.

...

...

...

...

...

You should fully expect that you will spend the next several years without your husband and that he will spend the next several years in prison. Stop for a minute and reread that sentence. Let it sink in.

I know that's not what you want to hear. I can sit here and tell you fairy tales all day long and try to convince you that everything's going to be fine and wonderful. I'd be doing you a disservice though, and you'd just be shocked and heartbroken when his sentencing rolled around.

I've read through several of your recent posts and I get the impression that you don't realize the seriousness of the crimes your husband has admitted to.

Three Class A felonies is serious business. Your husband is not getting out anytime soon.

It's probably best that you prepare yourself for it sooner rather than later. I apologize if this sounded rude or disrespectful; I'm simply trying to be honest and blunt. There's no point in "sugar coating" it.

Good luck,
-Max

MrsPintorxo
09-14-2011, 08:51 AM
Hi MrsPintorxo,

If I remember right, you mentioned before that he pled guilty to the three Class A felonies. Was there a plea bargain involved or did he "plead blind"? If there was a plea bargain, you should already have some idea of what to expect.

I'm going to blunt and you may not want to hear it. If that's the case, don't read any further.

...

...

...

...

...

You should fully expect that you will spend the next several years without your husband and that he will spend the next several years in prison. Stop for a minute and reread that sentence. Let it sink in.

I know that's not what you want to hear. I can sit here and tell you fairy tales all day long and try to convince you that everything's going to be fine and wonderful. I'd be doing you a disservice though, and you'd just be shocked and heartbroken when his sentencing rolled around.

I've read through several of your recent posts and I get the impression that you don't realize the seriousness of the crimes your husband has admitted to.

Three Class A felonies is serious business. Your husband is not getting out anytime soon.

It's probably best that you prepare yourself for it sooner rather than later. I apologize if this sounded rude or disrespectful; I'm simply trying to be honest and blunt. There's no point in "sugar coating" it.

Good luck,
-Max

Oh yeahh. I already know. His attorney said hes gonna b in there for a while. He plead open to 3 class A felonies. They offered him 20 do 10 and I told him dnt take it and shee ( prosecutor ) wouldnt offer anything else. So its kinda like im stuck and no way to get out.

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MrsPintorxo
10-17-2011, 12:03 AM
20 yrs; suspend 8. 12 do 6. 8 yrs parole.

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