10-24-2004, 02:08 AM
My boyfriend is serving 18 mos. split sentence for felony DUI. Can he get time off for good behavior? What does split sentence really mean? I know they told us he will have 5 yrs probation after the 18 month sentence. Any ideas anyone, he's serving time in Alabama.
10-24-2004, 07:23 AM
Split sentence usually means that he is sentenced to a mandatory time in prison with the rest on probation. If the 18 months is the split, I think he will have to serve the whole 18 months. I am not sure, but I think his attorney might be able to apply for early probation. I hope some one comes along with more info than me.
I know that I e-mailed the director of classifications when my son first went in and asked about my son being allowed to serve his time at our local county jail work release. He told me that the only way that was possible was for my son to be in a split sentence and so ordered by the sentencing judge. :( He wasn't in a split so he couldn't qualify.
Sometimes, I think it is better not to get a split. Then you are eligible for good time credit and early parole.
Good luck and hope he comes home soon!
Welcome to PTO! :)
11-28-2004, 04:02 PM
My Daughter was giving a 10 years Split sentence for a Felony 1st..3-7..and was she was not eligible for good time on any of her of her numerous sentences as they were all felonies in the 1st degree! When one of the Judges on one of her cases heard this he was astounded as he thought only those inmates sentenced to 15 yrs or more were not eligible..He didnt not even know the law when he sentenced her or so he said; he did how ever go to bat for her and get this 10 year sentence to run concurrent with her first sentencing as we had had all her other cases(4 counties all told) set up on the plea agreements for all those to run concurrent with each other including his county. On a split the inmate must serve what ever time the judge decrees, in my daughters case 3 years, then once she is released she starts the probation time 7 yrs,on the balance. If she violates she will then lose the probation time and it becomes real time I think. Because she is still serving time on her last case(the same county whom the Judge helped her out) and since she lost her first Parole hearing in June04, she has lost almost 2 years of the probation time she could have served as the previous judge told me most inmates dont serve more than 1/3 of their actual sentencing. She also has a 10 yr Probation sentence issued out of GA, but they seem willing to allow her to serve that here in AL once she is released on Parole or EOS"s. But there again if she violates Parole in AL she could end up with Georgia wanting to make her go back to their state to serve real time in their jail.
Hope this helps you..most of this is in the actual sentencing document that the court issuess right after the defendent is sentenced. If your man didnt get a copy of it you can call the Clerk of courts where he was tried and ask for one to be sent to you..Sometimes they will do it for free if you send them a self addressed stamp envelope.