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  #1  
Old 07-15-2009, 01:50 PM
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Default A year and a day. What does this mean?

Does anyone know what this means? Does this mean mandatory 1 year or can good time be given for this? thanks
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Old 07-15-2009, 01:57 PM
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I just found out that in maryland it means, that anything less than that is served on a local level, but 1 year and 1 day go's to the state doc, and i was told by his po that he would serve 7 1/2 months on that. I just found this out in court today, i hope it helps.
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Old 07-15-2009, 02:02 PM
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This does help but is this just for Maryland or doesn't matter what state?
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Old 07-15-2009, 02:18 PM
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Quote:
Originally Posted by gigglez87 View Post
This does help but is this just for Maryland or doesn't matter what state?
Over 1 year on any individual crime means it is a State Prison sentence. Every state is different when it comes to figuring out conduct or work credits, though. That sentence is an indication that is is determinate rather than indeterminate. That means there won't he a parole board, and he can determine an ealiest possible out date.
The county time he earns pending his case resolution is credited towards his sentence. Those local credits are subject to different rules in every state, but are subtracted from teh tiem he owes on the 1 yr. 1 day sentence.
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Old 07-15-2009, 02:48 PM
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I was just wondering because it's an on and after sentence. He is already serving 3 to 4 years and then a year and a day...that is why I was just wondering if the year and a day sentence can get lowered when he's serving it after the 3 to 4 year sentence.
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Old 07-16-2009, 10:35 AM
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That answer quires some in depth knowledge of your state's sentencing procedure, as well as your state's post-conviction remedies. Since every state is very different, you need specialized information. Sorry, I can't help you outside CA.

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I was just wondering because it's an on and after sentence. He is already serving 3 to 4 years and then a year and a day...that is why I was just wondering if the year and a day sentence can get lowered when he's serving it after the 3 to 4 year sentence.
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Old 07-17-2009, 07:19 AM
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That answer quires some in depth knowledge of your state's sentencing procedure, as well as your state's post-conviction remedies. Since every state is very different, you need specialized information. Sorry, I can't help you outside CA.
Thanks for trying to help! I really appreciate it!
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Old 07-19-2009, 10:44 AM
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My understanding at the Federal level is that you are only eligible for early release if you serve more than 1 year. So the judge sentences you to a year and a day and therefore you can get out after serving 85% of the sentence or around 10.5 months. If you were sentenced for a year only, you would need to serve the full 12 months.
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Old 07-19-2009, 11:22 AM
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A year and a day means that he will be serving that in doc rather then a county jail. A judge gives this ruling because he wants him remanded to the state and not the county. If a judge rules anything over a year- hence the extra day he will go to a state facility. That does not mean he will serve the full year. The feds are different rules. Now if he is in for let's say 4 years and catches a charge and goes to court and the judge rules he has to serve another year and a day this means that he will stay in state custody rather then serving the 4 years in state and serving the extra year in a county. It just means he is in state custody rather then county custody.
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