Mark Jones’s Answers

Can someone on house arrest violate parole if they go to hospital for emergency issue without permission from parole officer?

Mark’s Answer

• July 6, 2017 7:48pm

Because parole was abolished in the federal system by the Sentencing Reform Act of 1984, it seems likely your friend is either on pretrial release, post-incarceration supervised release, or probation. If your friend is on pretrial release they should call their current attorney. If they are on probation or supervised release, then they should contact their prior district court attorney, who will not have difficulty reaching the probation officer on their behalf.

What are the sentence guidelines for possession a firearm while being a convicted felon for firearms ?

Mark’s Answer

• December 14, 2016 2:20pm

Under 18 U.S.C. 924(a)(2), the statutory maximum sentence for a violation of 18 U.S.C. 922(g)(1) is normally not more than 10 years and a $250,000 fine (or both). If the defendant qualifies for sentencing under 18 U.S.C. 924(e), as an Armed Career Criminal, then the mandatory minimum sentence is 15 years, the statutory maximum is life in prison, plus a $250,000 fine or both. If the defendant was on federal supervised release, there could be a separate (and often consecutive) sentence based on violation of the terms of supervised release.

Prior felon just got 2yr sentence for fleeing in GA how much time do you serve

Mark’s Answer

• November 16, 2016 7:24pm

If the 24 months sentence was given in federal court, the Bureau of Prisons (BOP) will calculate his actual sentence upon imprisonment. Generally, inmates receive a 15% reduction for good behavior and a day-for-day reduction for their pretrial time served in federal custody on the charge of conviction or related charges, i.e,, charges that are apart of the "relevant conduct." Other specific reduction, such as successful completion of the RDAP Program and a Rule 35 Motion can further reduce the federal sentence.

So I have been told that Obama passed a law for nonviolent offenders time to be reduced from 85% - 65% is this true?

Mark’s Answer

• November 16, 2016 6:53pm

Though many federal inmates, or those awaiting trial on federal charges, repeatedly hear that there is a law about to pass (or a law that just passed) reducing a federal inmate's time to 65% of the sentence announced in-court at the sentencing hearing, this is false. No such bill has recently been passed and it is highly unlikely that any such legislation will be enacted soon.

An inmate's time is determined by the Bureau of Prisons (BOP) upon imprisonment and is only reduced for a few - very specific - reasons, like a Rule 35 motion or successful completion of the RDAP Program.