My fiance was sentenced 6 do 2 suspended upon completion of drug court. He was terminated from drug court but while in drug court he was sentenced to 120 days of PCD and he has about 5 or 6 months of time he was incarcerated for sanctions. He was told that all his time he has served for the sanctions and PDC will be considered time served and credit towards his sentence. He has been sitting in County for almost 3 months now and wondering is he eligible to parole out after 9 months or so. If so would he just go to the Jackson diagnostic center to be booked and meet with the parole board? How does this all work. No one seems to know anything can someone please help.
It depends whether the 5-6 months of county time as served directly before the PDC time. If it was, he should receive credit for that time if it was agreed to at his Drug Court termination hearing. He will not receive credit for time served from the PDC time. PDC time is it's own animal and county time nor DOC time is affected by it. He will, however receive that credit on his over all 6 year sentence. Most folks who the DOC does decide to come pick up, go through Jackson and then are assigned to a state prison. The amount of total DOC time on a 2 year serve time sentence is up to the parole board and depends on a number of factors including his criminal record, whether he is a recidivist, and the severity of the crime.
It depends on all of the facts; which are deficient in your question. In Maryland, where I am, it is possible under certain circumstances. There is clearly a lot going on in your fiancé's circumstances. You will need a local Georgia AVVO attorney to sort this out. I agree with my colleagues .
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