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prison time served vs sentenced


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#1 hammerandnailsdept

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Posted 11 February 2009 - 05:07 PM

our son is looking at ca state prison for participating in an armed robbery in a plea.  he's been in county jail for 7 months. 

Any idea how much time he is likely to actually serve? (parole, good behavior, working?)


#2 LegalwriterOne

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Posted 11 February 2009 - 05:33 PM

For an armed 211, which is designated as a violent felony in CA, he will serve 85% of whatever time he is sentenced to.  Under the law, he cannot earn more than 15% good time or work time credits.   He will get credit for the time he has actually sat in jail awaiting sentence with credits at the same rate--15%.  Parole in CA is always a minimum of 3 years.


#3 hammerandnailsdept

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Posted 12 February 2009 - 03:10 AM

he drove the car, did not touch the weapons.  (which does not seem to make any difference)

how does parole work?  in three years, they might let him out on probation?  do they review annually?  does CA have a website that addresses policy or stats?


#4 LegalwriterOne

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Posted 12 February 2009 - 03:41 AM

No, he's not getting out in 3 years and he's not getting probation.   Assuming no other allegations other than the gun and the robbery, the base sentence the court will impose will be around 5 years in prison, with credit for the 7 months, which he must serve 85% of before he is parole eligible.   For a 5 year term at 85%, he'll basically be serving a few months less than 4 years.   The terms of his parole will be set by the parole board and he will be fully advised of what is expected before he is released.   He will be monitored by a parole agent and expected to report regularly. 


#5 hammerandnailsdept

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Posted 12 February 2009 - 04:14 AM

I'm sorry.  In trying to be brief, I left out two key facts.

He is going to plea to 7 years, it is more complicated than an armed 211 and the potential charges are far worse than the plea, even potentially a life sentence.

So my question is not about sentencing, but about sentence vs. actual time in prison.

We hear all the time, someone gets 10 years, they only serve 5, etc.  You are saying that he will serve 85% of his sentence with good time?

i suppose as a "violent felon" he will not be on the top of the list for the states new (potentially upcoming?) early release program.

So it comes down to parole.  Besides your generous time, is there a website where I can learn about the standards, what is typical, policy, etc.?


#6 LegalwriterOne

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Posted 12 February 2009 - 04:49 AM

When you are sentenced to a violent felony in CA, which a robbery is, you serve 85% of your sentence.  That is the way it is.  It's mandatory and non-negotiable.  You don't get out after serving half the time regardless of what you "hear."   There are two potential so-called "early release" programs.  One is an opinion issued by a 3 judge panel that is related to inmate medical care and  the other has supposedly been proposed by the governor as a budget fix while at the same time, he's just signed a 7 billion dollar prison building bill.  Regardless, neither proposal will result in any early release of violent offenders.   You can get info on the parole process at this link:  http://www.cdcr.ca.g...book/Index.html


#7 hammerandnailsdept

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Posted 12 February 2009 - 04:56 AM

Thanks for your help.  It's been difficult to find solid information on the web.  I appreciate your time.





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