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In Alabama, can a judge give a split sentence of 20 years, two years served?

Florence, AL |
Filed under: Criminal defense

my son-in-law was sentenced to 25 years on a drug charge. His sentence was overturned. He got out of prison and his new sentence is 20 years. His attorney told him a twenty year sentence required a minimum of three years served. He has already served 20 months. Coud the judge give him time served and maybe probation instead of going back to prison for 16 more months?

Attorney Answers 1

  1. Yes. Many judges and DA's in Alabama might not agree, but after State v. Soles it is apparent that any sentence of less than 20 years is eligible for probation. Therefore, such a sentence would be eligible for a two year split. There is a little know 2004 Attorney General's opinion that addresses a similar question in the affirmative.

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