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Asked 11 months ago - Phoenix, AZ
FlagMy 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.
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.
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.
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.
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