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My girlfriend was sentenced to 5 months for her 3rd DUI. How much of that time will she serve?

Kenosha, WI |
Filed under: DUI

My girlfriend was sentenced to 5 months for her 3rd DUI. How much of that time will she serve? She was told by a corrections officer that because it's a misdemeanor, she gets 25% of her time taken off and with good time she will only serve 3 months. She is in Milwaukee Wi county jail.

Attorney Answers 2

Posted

She will get 25 percent off of her time sentenced plus credit for any time served. Electronic monitoring will be coming back to Milwaukee, and she should ask or see if she can get her sentenced amended so that she is eligible.

This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.

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6 comments

Asker

Posted

She was also told good time is 1 day off for every 5 served. Is that added to the 25% time reduction equalling just over 3 months of a 5 month sentence? Thank you for your time.

Asker

Posted

Mr. Swimmer, I just noticed you're involved in Native Law. My girlfriend is half Ojibwa, and her mother is full Ojibwa recognized fully by the tribe. Do you know of any help the Ojibwa could possibly give my girlfriend?

Andrew Joel Golden

Andrew Joel Golden

Posted

No, it's not both, Asker. It's actually one day off for every 3 days served, which is where they get the 25% number. So a 5 month sentence (assuming no sentence credit) roughly translates to about 3 1/2 months.

Asker

Posted

Mr. Golden, the judge stated a large part of her sentence was due to the fact that the court had no record of her attending counseling. She did , in fact, attend counseling sessions. Her lawyer never submitted records of said counseling sessions. I have contacted the center where she received counseling and they stated they cannot release records unless she signs a release. She is now at Milwaukee detention center and has no way of signing a release. Do you have any advice on how I can get those records to the judge? Is it too late for that?

Andrew Joel Golden

Andrew Joel Golden

Posted

Yes, it is very likely too late for that to affect anything. As for signing a release, there's always mailing it to her.

Karyn T. Missimer

Karyn T. Missimer

Posted

I am not sure if this is still the case, but Milwaukee County used to also take an additional 5 days credit off per month. This is in addition to the 1 day off for every 4 days you serve. Good luck!

Posted

Goodtime credit is common so the information you are getting sounds credible. You can also contact the county jail and ask them about their good time policies. Good luck.

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