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

Asked about 2 years ago - Phoenix, AZ

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)

  1. Kristen M Curry

    Contributor Level 9

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    Answered . 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.

  2. Paul E Knost

    Contributor Level 16

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    Answered . 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.

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY... more
  3. Kaitlin Sofia Verdura

    Contributor Level 12

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    Answered . 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

  4. Sarah Lynn White

    Contributor Level 13

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    Lawyers agree

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    Answered . 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.... more
  5. Gray Richard Proctor

    Pro

    Contributor Level 13

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    Answered . 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.... more

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