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Should I be worried about my boyfriend serving a longer sentence than what his plea indicated?

Phoenix, AZ |
Filed under: Criminal defense

My boyfriend just started an 8 mos sentence at the Estrella Tents. His lawyer and the judge indicated in court that he would be eligible for a two-for-one, meaning that if he worked a job in jail and had good behavior, he would be released after 4 months. His crime was non-violent, victimless, and happened over four years ago. My boyfriend was able to get his jail job, but they are showing his sentence is for the full 8 mos, with no option for two-for-one. After talking to his attorney's secretary (his attorney is out of town), she said she reviewed the minutes and they were incorrect. She said she is attempting to figure it out with the JA. Should I be worried he will serve a full 8 mos now? He had the option of 8 mos work release and declined in favor of getting it over with in 4 mos.

Attorney Answers 5

Posted

I would wait for your boyfriend's attorney back into town and direct this question to him. DO NOT count on his secretary for legal advice. If there is a problem his attorney is also in the best position to fix it.

The information provided is not intended as legal advice and does not establish an attorney client relationship. If you are in the greater Sacramento area and wish a further consultation please contact me at (916)594-9442.

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Asker

Posted

Thank you for your answer; normally I'd have the patience to wait until the attorney returned but he will be gone for a month. I was hoping someone had heard of minutes being recorded incorrectly...it seems like it would be unusual for this type of discrepancy to occur, but knowing it can happen and then be corrected would give me hope for my boufriend's cause.

Sarah Lynn White

Sarah Lynn White

Posted

Yes minute orders can have mistakes. Clerks are human they make mistakes, not often, but it happens. It can be corrected, your boyfriend's lawyer will be able to do that.

Posted

Speak with your boyfriend's attorney. If the attorney made a mistake in what he told your boyfriend, he may be able to file a motion with the court explaining the circumstances and requesting that he be given the 2 for 1 option. Typically, eligibility for 2 for 1 is determined by how the judge writes the sentencing order. If the judge puts an end date then the person is not eligible for 2 for 1. If the judge does not put an end date (for example just writes "8 months") then the jail can put them in the 2 for 1 program.

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Posted

As pointed out by Ms. Curry, the 2-for-1 program is available if the judge DID NOT put a specific end date in the sentencing minute entry. If it just says he must serve 8 months, but doesn't say that he is not to be released until a specific date, then the jail MAY allow him to participate in the 2-for-1 program.

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Posted

The quickest way to have your question accurately answered is to contact your boyfriend's attorney. 2 for 1 may be available depending upon how the judge write out the sentencing order. If no specific end date was listed, 2 for 1 days may be available. Best of luck.

Verdura Law Group PLLC
http://verduralaw.com
602-421-0515

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Posted

Probably not. Sentence calculation is up to the DOC, so things like work credit and 2 for 1 eligibility would not be reflected in the judgment. You boyfriend should follow it up with the administrative grievance system.

Answers are for informational purposes and do not constitute legal advice for your specific situation. www.appealsandhabeas.com

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Paul E Knost

Paul E Knost

Posted

He is at the Estrella Tents, which is county jail. Here in Arizona, DOC is the state prison--completely different.

Paul E Knost

Paul E Knost

Posted

The answers from Ms. Verdura and Ms. Curry are correct.

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