"dead time"

[vicissic]

ok so...my b/f has been sitting in pretrial custody for 4 months. The crown wanted to make a plea bargain for 5 years if he pleads guilty to break and enter. He got many letters of support to submit to the crown...so they changed their minds and said that they would offer 4 years but they said as long as he agrees NO CREDIT FOR PRETRIAL CUSTODY. So he is going to plead guilty....does anyone know if the judge will grant him credit for his dead time even though the crown says no. Isn't he alloud to get credit?

[spacecase77]

Well it sounds like they're basicly knocking a year off his sentence in exchange for his 8 months 'dead time'.
It is something I've heard is happening a lot lately.
Basicly he'll get 4 months off of the 5 years.
I believe that means NO credit, not even day for day credit instead of double, I may be wrong, hope so.
Providing he was found guilty and sentenced to 5 years he would 'probably' get 8 months credit. This way they save the trial, the money, the time, and any more possible dead time credit in exchange.
Is the lawyer legal aid?

[ChristinaL]

Originally Posted by vicissic

ok so...my b/f has been sitting in pretrial custody for 4 months. The crown wanted to make a plea bargain for 5 years if he pleads guilty to break and enter. He got many letters of support to submit to the crown...so they changed their minds and said that they would offer 4 years but they said as long as he agrees NO CREDIT FOR PRETRIAL CUSTODY. So he is going to plead guilty....does anyone know if the judge will grant him credit for his dead time even though the crown says no. Isn't he alloud to get credit?

So, basically, if he pleads, he gets 4 years with no time off for dead time, if he goes to trial and gets 5 years, he gets 8 months off the sentence, which works out to be 4 months longer in jail in the long run, better to plead. This really sucks the bag big time. Can he not hang off a bit longer and see if the crown brings the time down a bit more. What is his lawyer saying about this??

C

[vicissic]

well that is what i told him to do...hang in to see if they'll knock time off. But his lawyer is telling him to take the deal. The lawyer is legal aid and says he's running out of funding from legal aid. I just feel like he was pressured into taking this sentence. But, there's no violence involved, it was break and enters...stealing playstations and computers. I'm just wishing for a miracle...like the judge telling the crown that they are being rediculous....considering people get less time than that for assault causing bodily harm, and sometimes even manslaughter...thanks so much for your replies..court is in 7 days...

[spacecase77]

Good luck. Let us know how it turns out.

[JRGF]

His lawyer will have an opportunity in court to argue the sentence is too harsh. Is it his first offense? He will most likely only have to serve 1/3 of his sentence in prison and the rest on parole.

[girlonwhyte]

spacecase and christina have the right idea... unless his case gets another break or magically, the lawyer gets a bright idea to knock it down another peg, the deal sounds pretty good. the judge CAN still throw in credit for pretrial custody, but rarely without a recommendation by the crown/defence.
With no violence, he may be eligible for an Accelerated Parole Review, but won't know for sure until he is sentenced. Read some of the other posts to learn more about this.

[pyrochick]

hi there,

just following your thread and was going to put in my two cents until i noticed the date of your post...
...im curious as to what happened at the trial? wat was the verdict of his sentence?

- a concerned passerby

[vicissic]

he's still waiting for his sentence...it's taking a while

[justus1]

Best wishes on the outcome of this, vicissic.