View Full Version : Sentenced to 16 months in prison, how much time will I serve?


chuy1313
01-06-2010, 11:54 AM
i am going to prison at the end of this month in california. i was convicted for lying to a cop, i gave some elses i.d. this was my second offence and the sob's gave me 16 moths in prison will i do the entire 16 months? please advice

crazycasey183
01-06-2010, 12:03 PM
I don't know about cali but here in florida you only have to do 85% if your good, my old man was sentenced to 24 months but will be out in 20 months but you might try posting the same question in the cali forum, they can answer your questions more accurate.....Goof Luck to you......

mrs.bug
01-06-2010, 12:39 PM
Yea ask this question in your local California forum because they will know the rules about your state. My husband is in state jail, and I think here in Texas failure to identify (that's what they would call what you did, I know because I have one, lol) is a misdemeanor and I think if it were sentenced the jail time would be state jail, which would mean you'd have to do every day of your sentence no good time or anything.

Sorry I know that doesn't help, the best thing you can do is ask in the Cali forum. Good luck.

PTO-79211
01-06-2010, 01:37 PM
Here in CA...they issue what is called "good time credits"....so you may not have to serve the entire 16 month sentence. When you get into State and go to reception, you will see your counselor who will inform you of your ERD date and Max Out date.

Your ERD date is your earliest parole date, your Max Out date, is the latest. Your ERD date is calculated as your "good time credits"...and also by percentage. Because your crime isnt all that serious (it is, but not compared to other cases) you may qualify for 1/2 time...which will mean you will only serve 8 months of your 16 month sentence. If you dont qualify for 1/2 time...you will have to serve 85% of your 16 months...which will put you at serving a little over a year.

Once you get to prison...if you get into a lot of trouble, get a lot of write ups...you can have time added onto your ERD and that is never good. But hopefully you wont have to worry about that.

I am not sure if I have made sense or not...it can be a little hard to explain...but I hope it helps :thumbsup:

chuy1313
01-06-2010, 01:48 PM
thank u very much, what r the chances of me qualifying for 1/2 time,(i hope the chances r very good) i am not gang affiliated, so i am rolling with the paisas, i done county b 4 but nvr prison and i am leaving behind a wife 3 boys and very ill mother. i had to quit my job and i was ws in the middle of a loan mod on my house, i guess that is all shot to hell now. this realy sucks. i emailed and wrote a letter to the governor of cali we'll see what happens? again thank u

Kanthisbereal
01-06-2010, 01:56 PM
Im sorry to hear all that chuy :(

Personally, i you'll be able to get out sooner than 16 months if you don't screw up.

So just take it seriously, behave, keep a positive attitude & hope for the best.. It'll work out

Gryphon
01-07-2010, 12:33 AM
Conduct credits are an operation of law, and this is a 50% crime. You do 8 mos. on 16 mos. (so long as you don't lose credits as a result of an administrative action.)
If you can get to fire camp, which is decided at Reception, you get 65% instead of 50% conduct credits.
The Governor has nothing to say about your senence. You'd have to get it set aside via appeal or writ. If you did have an issue (the Judge didn't follow the law, new evidence proving you didn't do it, Ineffective Assistance of Counsel) you'd have your trial rights restored. That might not be a great idea assuming you took a deal because you feared getting a larger number.

thank u very much, what r the chances of me qualifying for 1/2 time,(i hope the chances r very good) i am not gang affiliated, so i am rolling with the paisas, i done county b 4 but nvr prison and i am leaving behind a wife 3 boys and very ill mother. i had to quit my job and i was ws in the middle of a loan mod on my house, i guess that is all shot to hell now. this realy sucks. i emailed and wrote a letter to the governor of cali we'll see what happens? again thank u

chuy1313
01-07-2010, 02:18 AM
i called other atrtorney's this one charged me 3k there was another attorny who was going to charge 8k, from the 4 appearances i did with both partners one ended up being a heavy drinker when i retained him he met me off the 101 fwy he pulled up in a toyota with an opened container, i had second thoughts, but since his partner personally new judge nash in newhall, i was under the impression that my venue would stay in newhall, but i had a P.V. IN antelope valley (i got busted with a "whizzonater" at my P.O.'S). when we went to the first appearance in new hall judge order a P.O. report and gve me a new date, we then went to A.V. before judge ogden my attorney req a continuance because of the pending Summary report, judge ogden granted me another date. but judge ogden decided to consildate the newhall case with THE A.V.,i then found out by my attorney that the A.V is the second toughest court in cali. was my attorney able or should've consolidated the A.V and bring it down to newhall? damn so i think inaffective counsel could be a good arguement, can i hire anither aty to file a writ and start judge shopping? if so with this delay or void my sentence?:angry:

Gryphon
01-08-2010, 12:05 PM
Of course you can hire a lawyer to review what the last lawyer did and look for IAC. However, based on what you are saying I don't think there's any IAC claim.
The bargain discount isn't an indicator of IAC. On the one hand a routine felony flat rate is often around $7500 if there isn't a lot of work to do. On teh other hand, there probably isn't a defense to a whizzenator VOP, so it'll just be a few court dates and a lawyer could certainly charge less hoping they get hired. An uncomplicated misdemeanor flat rate is often $2500 because only 2-4 court dates are required. The $3000 fee isn't way out of line. If it were me, I probably would have quoted you $4,000 or $5,000 to handle both cases (figuring I might spend a total 12 hours on the case including hanging around in court time, factoring in that it may be a state prison sentence felony, factoring in tha it might take a few hours longer rthan my estimate.)
Being a drunk is not IAC. (Sadly, there's a case right on point where a lawyer drank a few cocktails before closing arguments in a Death Penalty case.) It's the CONDUCT that would be IAC if IAC happened. It's the court that sets the appearances, and if you have multiple cases in different county branch courts, you have no right to have cases heard in any particular court. The Judge's administrative decision, not the lawyer, ordered that cases were to be in one court.
The Whizzenator VOP is the kind of case where you can expect the system to be mean to you. It involves planning, indicates some sophistication, and is an attempt to beat the system at it's own game. It's viewed as a slap in the face. It's sort of like an escape charge or fighting with a cop: they'll want to make an example out of you. It's a fine example of behavior that indicates someone is not likley to comply with probation grant terms, so state prison is something that can happen.

i called other atrtorney's this one charged me 3k there was another attorny who was going to charge 8k, from the 4 appearances i did with both partners one ended up being a heavy drinker when i retained him he met me off the 101 fwy he pulled up in a toyota with an opened container, i had second thoughts, but since his partner personally new judge nash in newhall, i was under the impression that my venue would stay in newhall, but i had a P.V. IN antelope valley (i got busted with a "whizzonater" at my P.O.'S). when we went to the first appearance in new hall judge order a P.O. report and gve me a new date, we then went to A.V. before judge ogden my attorney req a continuance because of the pending Summary report, judge ogden granted me another date. but judge ogden decided to consildate the newhall case with THE A.V.,i then found out by my attorney that the A.V is the second toughest court in cali. was my attorney able or should've consolidated the A.V and bring it down to newhall? damn so i think inaffective counsel could be a good arguement, can i hire anither aty to file a writ and start judge shopping? if so with this delay or void my sentence?:angry: