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Can my boyfriend be released from jail early?

Detroit, MI |

My boyfriend was sentenced to 93 days of violation of probation from a domestic violence case with someone from his past. He told me he has to go back to court some time next month to possibly put him back on probation. I'm a little confused why would he be sentenced to 93 days and have to go back to court for the same situation. I was also told the Wayne county jail is crowded do inmates with good behavior get released early.?

Attorney Answers 3


Most county jails have what's called "Sheriff's credit." It calculates at around five days off of the sentence for every thirty served, or one day for every six is another way to look at it. Most of the jails are crowded. He might be near the top of the list to be released earlier, but given that it's a probation violation and a crime of violence, don't hold your breath. Unless the court revoked his probation at his violation hearing, he's still on probation right now. I've never seen a court revoke a person's probation and then hold a hearing to put them back on it, but I suppose it's possible.

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There are multiple factors that a county jail looks to when considering "early release." A county jail will typically allow offenders to enter into post-sentencing rehabilitative programs; inmates can earn jail time credit for participation in some of these programs. An inmate might also be allowed "work release" or "work-seek," which could affect their release date and time. An inmates' participation in a county jail "trustee" program could also affect their release date. If a judge states in a Judgment of Sentence that a particular defendant is to serve all of the time sentenced, then the county jail will follow that court order. Overcrowding is also a factor. County jails typically have a pecking order in which they will release inmates due to overcrowding. So there are many different factors to consider. If your boyfriend was sentenced to 93 days in jail on a "93-day" misdemeanor, then he has received the maximum possible jail time. Typically in those situation, probation is revoked. But a judge can sentence a defendant to a maximum of 2 years probation for a misdemeanor offense, and perhaps this particular judge would like to keep your boyfriend on probation even after serving the maximum allowable jail time. Sentencing is always within a judge's discretion, beyond the statutory requirements allowed by law.

The opinions expressed are based upon the general, limited information provided, and the opinions expressed are not intended as legal advice. The opinions expressed and the information provided is for general information purposes only. Further, there is no attorney-client relationship created between attorney Eric J. Sheppard and any recipient of opinions expressed and general purpose information through any transfer of opinions and information on

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The problem with him getting trustee or some other jail program to reduce time could be that his offense is typically considered "assaultive," which sometimes prevents an inmate from getting assigned trustee status while in jail.

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