So long story short, my brother took a plea deal of 3 years max.. Does that mean he has to do all 3?

Asked over 1 year ago - Albany, NY

He was in the NY State Drug Court program until he tested positive a few times on his urine test and the judge kicked him out . . The judge said turn Ur self in within 30 days and you will get 1 - 3 . . Well he never did and the US Marshall got him on day 31 . . Now the judge and DA are pissed at him . . They indicated him on bail jumping a non - violent class e felony . He took a plea deal and the deal was they would run the sentence concurrent . . But the judge said yr max . . Does that mean he has to do all yrs ? or can he get good time and get out earlier ? Also is shock still an option ?

Attorney answers (2)

  1. Marco Caviglia

    Pro

    Contributor Level 19

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    Answered . If he is getting convicted on two separate felony transactions, and has the time running concurrently, he gets credit for both. If the minimums are the same, there is no difference in eligibility for parole date unless he accredited time previously on one but not the other. Best case scenario is he is eligible for parole in one year. If one of the felonies has a greater sentence than the 1-3, then the smaller one is simply eclipsed by the larger one's minimum time before parole eligibility. Shock has a list of eligibility requirements and that is determined once he is committed and the time you state alone is not a deterrent to that program. I also infer that he was not convicted of a drug charge, but placed in a diversion program because he is an addict.

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  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . He will get good time. 1 - 3 does not sound like a proper sentence on a felony drug case.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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