They told him he already has 365 days served because of good behavior on probation. Will they also give him half time? How much time will he be doing In prison, I am concerned because we have a newborn baby. Thank you, god bless you
The only credit you are given is for time spent in jail. "Good behavior on probation" does not mean anything relating to jail credit. Decoding you question, I think if I understand correctly, he was placed on probation with a three year state prison sentence hanging over his head, known as "execution of sentence suspended," served a year in county, violated probation , and the court imposed the three year sentence. If that is the case, and the court imposed a three year state prison sentence, they will deduct the one year credit leaving him two years to serve. If it is not a violent felony and he has no strikes, he will be out in approximately a year. If it was a violent felony, he will have to serve 85% of the remaining two years, or about 20 months. If he has a strike prior and the new offense is not violent, he will have to serve 80% of the remaining two years, or about 19 months. Good luck.
What's missing here is the amount of time they sentenced him to in jail.
"Joint suspension" means execution of sentence suspended: your husband was sentenced to three years of prison, but was let out on probation, with the 3 years hanging over him. It's like a final warning.
The most they can sentence you to on probation is one year of jail (for any 1 case). There should be NO prison time.
So if your husband has 365 days credit, he should be out. The half-time would already be calculated into giving him that 365 days credit.
If your husband was sentenced to 3 yrs., with one year credit, he has two to go. Whether he gets half time or 80% time or 85% time will depend on whether he has a prior strike and whether his current offense is considered a violent felony. If neither of those, then he gets half time, meaning he will have to do one more year.
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