View Full Version : Need help on understanding sentence


Ebony's spice
04-01-2004, 11:34 PM
I've read several of the threads trying to get an idea of how to figure this out myself, but no two sentences are exactly the same and I couldn't find anything that really fit, so I'm just going to ask. Sorry - I do try to find answers to my questions first.......

I'm pretty upset right now, given "my man" kept telling me he was likely to get probation. NOT. I think it was wishful thinking on his part, as I talked to him last night and he's not doing well - I think it's called a "state of shock." He does have a history though, so I'm sure that figured in. Anyway, here goes - he had two seperate charges and two seperate sentences, however, they are to run concurrent.

1.) Maximum term of 48 months, with a minimum parole eligibility of 12 months. Credit for time served of 151 days; other days credit will go toward other case.

2. Maximum term of 72 months, with a minimum of 26 months (no mention of parole eligibility, but maybe that's what minimum means?) with credit for 163 days served.

He has been sentenced to "Nevada State Prison", which I understand is a "system" rather than a specific institution, which will be determined at a later date. I don't understand the credits for time served and why the dates are different. The sentencings were two days apart. And does the credit for time served count toward the minimum or the maximum? i.e. can it lessen the time one is eligible for parole? Are those credits for time served the same days (duplicates) or do they all count i.e. 314. It must just be the same days because he's been in county right around 6 months.

Can anyone please interpret this for me? I know it's bad, I just don't know HOW bad. What's the best/worst case scenario? I couldn't ask all my questions on the phone last night because for one, we had 9 minutes and for two, I was mostly concerned about his mental health at that particular moment, not getting MY questions answered. (I knew I could come here!) Thank you so much in advance for taking the time to read this and trying to help me understand what all this equates to. I really appreciate all of you!

Ebony's spice
04-02-2004, 03:36 AM
Anybody?

greyghost
04-02-2004, 01:25 PM
I would suggest that you try posting this in the Neveda State section to see if you can find some help. If I knew, I'd sure try to help you out, but you're out of my area of expertise on this one.

Good luck

MrsMalcom
04-02-2004, 01:43 PM
Ok - I think I might take a stab at this - I am in law school - NOT A LAWYER, but if I remember right from Crim. Proceedure:

1. Concurrant means that they run at the same time, sounds like #1 is a 12mos to 4 yr sentance, and #2 is a 26 to 72 month sentance. So at the ABSOLUTE MAXIMUM it's 72 months.
2. Now working the other way - I think the credit is the combined total of days - so that is like a year. ( it makes common sense to me that if sentencing documents say credit time served, and the sentencing is to run at the same time, that the days would be ADDED together, each respective sentence has credit days... do you follow?) So from 72 mos - 6 yrs - its really now 5 AT MAXIMUM.
3. The parole eligibility on count 1 is likely to be suspended because he has a 26 month minimum on the other sentence. But here in CA - the credit goes up front, so that is still a year in - so likely still eligible for parole in about a year - BEST CASE - I think...

Remember - not a lawyer, just read and analyzed a few sentencing reports in class....

Let me know if I am close....