My husband was sentenced to 2 years in prison for roberry (no deadly weapon used) and he received his first strike. he was incarcerated may 11th 2014 and was senteced October 15th the judge gave him 340-something days of credit and he didn't get transferred to prison until November 13th (which gives him approximately 2 more months of credit right?) well my question is more or less what will he be serving , how much more time does he left ? Will he do 50% 80-85%? I did hear that 85% dropped to 60% im aware when he sees his counselor in prison he'll be notified of his release date but I just want to have an idea of what to expect .. Thank you
How much time he will actually serve depends mostly on his conduct while in prison. Yes, he will get a release date. Yes, it will be less than 100% of his time, but that is contingent on him doing well while inside. He should get credit for the extra two months he spent awaiting transfer, though his lawyer may need to ensure he does get this credit. I suspect with over a years credit, and good behavior, he should be out in six or seven months.
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Too much going on here to calculate how much he will serve. He will do 85% because robbery is considered a "violent felony" with or without a weapon. The prison should be able to provide an expected release date as should HIS attorney.. He clearly had an attorney.
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Very difficult to accurately calculate the exact time he will be incarcerated. He should speak with his criminal defense attorney to get an idea of how long he should remain in jail.
He'll be doing 85%, so approximately 20 months. What makes it impossible to calculate is not knowing whether the "340-something" was actual or that was a total of the credits (actual plus conduct credits) awarded at sentencing. Yes, he'll get credit for the time spent in county awaiting transfer to State Prison. Bottom line? Roughly 20 months from the date he was arrested.
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