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How much jail time will he end up doing? Is it true the 85% has gone down to 65%?

Edinburg, TX |

My husband was sentenced to five years on October 2012 with four felonies, one possession of cocaine, two distribute/sell of cocaine, three possession of meth, four distribute of meth. How much jail time will he end up doing?

This is a federal case.

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Attorney answers 4

Posted

Federal sentencing is determinate, which means no parole. Still this question requires someone knowledgeable with federal sentencing and a lot more information. I recommend you contact an attorney who is experienced in federal sentencing matters.

Posted

85% of sentenced time less time served st time of sentencing, less half way house as determined by BOP.

Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.

Asker

Posted

What do you mean by less time served st time of sentencing?

Asker

Posted

How does the half way house work?

Raymond George Wigell

Raymond George Wigell

Posted

Time served at time of sentencing means for example if the Defendent was in custody for six months before being sentenced then in most cases the six months time served would count toward the sentenced time.

Raymond George Wigell

Raymond George Wigell

Posted

The BOP, Bureau of Prisons, determines if and when the inmate will be transferred out of prison to a half way house. It's not prison but strict rules and curfew applies.

Posted

He could also receive time off for drug treatment if he qualified at sentencing and its available. As others stated, its typically 85%, minus jail credit and his atty would be the best sorce of info re drug treatment.

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

Asker

Posted

What do you mean by minus jail credit?

Claiborne Hambrick Ferguson

Claiborne Hambrick Ferguson

Posted

If he was locked up prior to pleading guilty (and was in federal jail), that would count towards his sentence.

Posted

Every so often federal inmates cling to the belief that the 85% rule is going to be reduced to only 65%. I've been hearing this rumor for over 20 years. It is not true.