He got a dui and got put on psi and he's on state for 4 years @ 30% he caught another dui and had to go to court in hunters and degay hunter gave him 11/29 and he went in front of degay yesterday and they are wanting to put his 4 @ 30% infect so when will he be home. He has already served 120 days and then went back to jail September 19th of this year so how long will he do before coming up for parole
If they place his sentence into effect, he will serve the balance of his 4 years in jail. As far as how quickly he will get out depends on credits for good behavior, pre-trial credits and so forth. This question really can't be answered without knowing all those factors.
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Who knows? 4 years @ 30% sounds like 16 months to me less credit for time served. Probably about a year behind bars.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
As Mr. Collins said, it would be very hard to even estimate when the release date is without knowing a lot more facts. But I can give a brief explanation of what 4 years at 30% means. (if he is on community corrections, there may be additional issues.)
4 years at 30% is a four year prison sentence. That sentence may be served in a state prison or in a local jail depending on the State's decision whether to transport him to State Prison custody. The 30% means that he will not be ELIGIBLE for parole until he has served at least 30 percent of his sentence which is 14.4 months. However, he must then be GRANTED parole. He also may not get a parole hearing right away when he is eligible. That depends on how often parole hearings are being offered, where he is being housed, and whether he has been moved or reclassified.
Whether he gets parole at the hearing is yet another question. There are so many factors involved in that decisions (the charges, whether the DA or victims take an active part in the hearing, whether he has been a good prisoner, etc.) that there is no way to predict whether he gets parole or not.
Finally, any sentence that he receives will be adjusted based on credits. Those can come just by operation of the law, work crew, GED classes, and other programs. Those credits then count towards days that are served. Therefore, it is possible with credits that he would be parole eligible before the full 14.4 months but not guaranteed.
You will find that most attorneys will not give you an exact day or even a narrow estimate about release dates because there are so many factors to take into account, it is easy to miss something that the prisoner himself does not even know about.
If he is being sentenced to serve his full sentence, then he should talk with an experienced criminal law attorney. An attorney may be able to give him a hearing with a chance at a lesser amount of time to serve. If the state is asking him to serve ALL of his time by agreement, why not at least have a hearing? However, an attorney that has become familiar with the case is the only attorney that should give advice on the pros and cons of having a hearing. I certainly do not know enough about this case to give any advice except to contact an experienced criminal lawyer in your area.
This answer is for informational purposes only. It is not intended as legal advice. Nothing in this answer is intended to create an attorney-client relationship. I encourage all people to seek a consultation with an experienced attorney on any legal matter. This is an advertisement.
He would be eligible for parole with good and honor time on a 4yr at 30 percent sentence after serving 8 months in jail. Realistically ,the earliest he could expect to come before the parole board would be 10 to 12 months.
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