He was sentenced to a 3 flat because of violation of probation his probation officer gave him 10 months of jail credit . Will he have to serve additional time ?
Please consult a criminal defense attorney who knows his or her way around the Newark courtrooms to negotiate the best possible deal on your husband's behalf.
The nature of the offense and whether there is repeated conduct are also important considerations.
No lawyer can answer this question with any certainty. Assuming an inmate obtains maximum work, minimum custody and commutation credits, he or she can be eligible for parole in as little as nine (9) months on a three (3) year flat sentence. However, there is a huge difference between eligibility and actually being released. The sad reality is that the parole board will make a decision on a defendant's release when they deem is appropriate, and not a second earlier. When a defendant accepts a sentence, they have to assume they will serve the entire sentence because there are no certainties in the parole process, and it is very difficult to successfully appeal the parole board.
The PO does not give him credit the Judge does. Earliest eligibility is 9 months. He has ten in already if that information is correct. He need to be classified into the system. That can take three months. Parole needs to see him. That could take time also. (they they have seen inmates while still at the county)They can give him a hit because of the VOP, that can be 6-16 months. He may have problems inside negating work and good time credits. Max time on a three flat is 30 months. He could be paroled quickly, he could do some time. Sorry I cannot be more definite.
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