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-   -   Help with Time Calculations in Louisiana Found Here!! (http://www.prisontalk.com/forums/showthread.php?t=222119)

DoingTimeinLove 08-27-2006 08:39 PM

Help with Time Calculations in Louisiana Found Here!!
 
Seems like a common problem for all of us is calculating time whether it be good time, parole, violent/non-violent offenses, etc. :confused: If anyone is having a problem doing the math leave the following info and maybe we can help one another...

* total number of years sentenced
* violent or non-violent offense
* 1st time offender, 2nd time offender, 3rd time offender, etc...(will say if the inmate is eligible for parole or not)
* any detainers
* extra charges for probation/parole violations
* and any other helpful information that you can think of :thumbsup:

hoolio's mom 08-28-2006 11:29 AM

my son at the age of 17 was sentenced to carnal knowledge of a juvenile, he was sentenced to 5 yrs, but they messed up his paper work& he ended up in 6 months boot camp, he got out, but was too embarrassed to register as a sex offender, so they con him into violating himself, so he said right now hes doing flat time, do he have to do his 5 yrs?they told him to apply for parole in january, do you think he'll get it, his 1st offense, plus he had a 1st offense dope charge , it was non violent, hes been in jail since 1-4-05, they sent him a clemency application, not sure if he'll get granted that, i'll appreciate any kind of help, thank you....hoolio's mom : (

DoingTimeinLove 08-30-2006 07:47 PM

Quote:

Originally Posted by hoolio's mom
my son at the age of 17 was sentenced to carnal knowledge of a juvenile, he was sentenced to 5 yrs, but they messed up his paper work& he ended up in 6 months boot camp, he got out, but was too embarrassed to register as a sex offender, so they con him into violating himself, so he said right now hes doing flat time, do he have to do his 5 yrs?they told him to apply for parole in january, do you think he'll get it, his 1st offense, plus he had a 1st offense dope charge , it was non violent, hes been in jail since 1-4-05, they sent him a clemency application, not sure if he'll get granted that, i'll appreciate any kind of help, thank you....hoolio's mom : (

I dont know how things work for parole violators. i'm assuming that all sex offenders are classified as violent offenders (please correct me if i'm wrong) So I would assume that he would either have to do the remainder of his time that is on paper or at least 85% of his time... Also, is the 1st offense drug charge a new charge? If so.. then is it ran concurrent or consecutive to his 1st sentence?

hoolio's mom 08-31-2006 01:21 AM

yes, i think he has to do 85%, but the told him to apply for parole in january, so i'm not sure, las month they sent him a application for clemency, not sure why...but thanks anyways...hoolio's mom

braby 09-02-2006 08:11 PM

My husband was sentenced to 4 years, 1st time offender, non-violent, no detainers (I think). I think I know the answer, but just hoping maybe I figured too much time.:o

adbrick 09-02-2006 09:52 PM

Total sentence: 4 years/48 months
16 mos til PED (parole elgibilty date) 1/3 sentence served
If he doesn't make parole, 24 mos til release under diminution of sentence (goodtime) 1/2 sentence served

ventrue 09-05-2006 01:05 PM

Calculation help pleaseee
 
Ok i just agreed to an 18 mo sentence, my sentence was reduced to simple posession so i guess that would be non-violent, no gun or anything like that. This is my first offense so i would be eligible for parole after 1/3 of the time as i understand it. I already have done 4 months before i bonded out, so i have credit for 8 mo right? so wouldn't i already be eligible for parole when i go to jail? how does that work? or is my calculation off

Randy

adbrick 09-05-2006 03:41 PM

1/3 of 18 months would be 6 months of time actually served. SInce you've done 4 you'll have 2 more before your parole elgibility date. And 5 more before you are released under dimunition of sentence (goodtime)for a total of 9 months actually served.

ventrue 09-05-2006 06:44 PM

Thanks ;) one more question, from your experience with the parole system do you think i will actually get out before my 5 months is up? assuming i get accepted for parole of course. it seems like with that little of a time difference it will be a crapshoot. I'm reporting the beginning of october, so i'll be eligible the beginning of december'ish. so theres a slight possibility i'll get on decembers docket but it'll probably be january, then i'm looking at a release date in february. and my 5 months would be up in march. SO i guess i should figure on getting out in march regardless? do you see much chance of getting out december/january? there are so many variables with the system, and then in the holidays, i just see it being backed up to hell. sigh. anyway, any comments that wont depress me are welcome ;) and i guess the ones that will i need to hear also.

Randy

adbrick 09-05-2006 07:55 PM

Yes it is like a crap shoot,but from my experience with my husband having just went through the parole process, there are certain things you can do to help yourself. The main thing for my husband was that he has a job waiting for him. They also want to see that you are trying to get on the right path. The first question that was asked of my husbamd at the parole hearing was what programs he had completed. So take any classes offered, even if they have nothing to do with your crime. Since you have a possesion charge, take the AA classes. Of coarse stay out of trouble, be a model inmate. So have a home and work plan, take all the classes you can, and stay out of trouble.

When I inquired about how the parole process worked, I was told about 2-3 months prior to your PED, your file will be pulled an assigned a pre-parole investigator. And as long as there are no backups or problems with your paperwork, your put on the docket for the month prior to your PED. For example, my husbands PED was Sept, his file was pulled end of June, and he was on the August docket. He was granted, but he has to wait for his PED to be released. If you are on the docket and are granted and your PED has past, then it takes anywhere from 7-10 days sometimes as long as 30 days, per the lady who issues the parole certificates, to be released.

So from your dates, if everything runs smoothly, your file should be pulled sometime in Oct. And you'd be on the Nov docket. If granted, you'd be released on your PED in December. I was told that other circumstances can cause that time frame to be off, but that is the way it is suppose to work.

Out of the 5 guys that went up for parole from my husbands facility, 1 was granted(my husband), 1 granted work release, and the rest denied.

HTH If I can answer anymore questions, just ask.

ventrue 09-06-2006 05:49 PM

what i'm concerned about is that i wont actually get sentenced until the beginning of october, and then DOC has to calculate my time and do my rap sheet/master record and all that. so i bet i dont have a file to pull in october. i am going to ask my lawyer if he can make sure any of that stuff happens faster i guess that is my best avenue.

adbrick 09-06-2006 06:04 PM

I see your concern now. That does put a wrench in the process. But you will also be entitled to the new goodtime law which is 35 days to very 30 days served, since you are being sentenced after Aug 15, 2006. So that will cut your time some more.

Good luck.

clydesheart 09-10-2006 09:52 PM

my son has been sentenced to 10 yrs with all but 3 suspended(doc time).he is a 1st offender and a non violent crime.he has no detainers.how can he calculate his time? thank you in advance.

DoingTimeinLove 09-10-2006 10:58 PM

K.. hopefully I'm getting this right.

good time = 1.5 years
parole eligiblity = 1 year

SEE_MAW 10-17-2006 05:14 PM

My husband went to court in May and gave back some time, his original releade date was 2015 and after court it was 2010. After court he got a new time computation sheet stating his new release date of 2010. About 2 weeks later, he got a revised time computation sheet stating his new release date was 2012 because of a AGG ASSAULT charge DOC found in 1996, this MISDEMEANOR happened before the charges he is currently serving on. DOC claims this makes him a 2nd offender because he is serving on AGG BATTERY charge.

Both my husband and I think DOC was wrong to try to make him out to be a 2nd offender because the first charge of AGG ASSAULT was a MISDEMEANOR and the AGG BATTERY is a felony.
What can I do or who can I talk to - to make them take back those 2 years they gave him out of nowhere!?

Can they even do this!?

Any help would be greatly appreciated!

clydesheart 11-18-2006 07:31 PM

Quote:

Originally Posted by clydesheart
my son has been sentenced to 10 yrs with all but 3 suspended(doc time).he is a 1st offender and a non violent crime.he has no detainers.how can he calculate his time? thank you in advance.

ok sorry i have some more questions how can u look up the new law 35 days for every 30 served what is the law called i type in goodtime law nothing comes up and how do u know u qualify for that law and if he gets parole in a year when will he be eligble for work realease or the halfway house thank u so much is desperate need of answers

mistybluewaters 01-01-2007 12:56 PM

Hello my son was given 40 years first time affender, manslaughter, agg-batterey, it will be 4 years Maech 2007, he was a principle to these charges,

sunshinestate 01-11-2007 09:24 AM

calculation of time
 
my daughter was sentenced in feb of 2004 to do 8yrs but she has already been incarcerated for 3 yrs now she is simmesport for women please help.It was her 1st offence.She was already incarcerated before being sentenced.please help

DoingTimeinLove 01-11-2007 06:30 PM

Quote:

Originally Posted by mistybluewaters
Hello my son was given 40 years first time affender, manslaughter, agg-batterey, it will be 4 years Maech 2007, he was a principle to these charges,


Assuming he is eligible for parole at 85% of his time because he is a violent offender.. he would have 30 years left.

DoingTimeinLove 01-11-2007 06:33 PM

Quote:

Originally Posted by clydesheart
ok sorry i have some more questions how can u look up the new law 35 days for every 30 served what is the law called i type in goodtime law nothing comes up and how do u know u qualify for that law and if he gets parole in a year when will he be eligble for work realease or the halfway house thank u so much is desperate need of answers

You qualify for the new law if the inmate was sentenced on or before Aug 14 2006. I'm not sure if it is different for inmates who are classified as violent or nonviolent offenders. Nonviolent offenders i know qualify. People are eligibe for work release and halfway houses when they have 24 or less months of their good time left. I'll find the link for the new law for you and get back to you.

DoingTimeinLove 01-11-2007 06:36 PM

Quote:

Originally Posted by SEE_MAW
My husband went to court in May and gave back some time, his original releade date was 2015 and after court it was 2010. After court he got a new time computation sheet stating his new release date of 2010. About 2 weeks later, he got a revised time computation sheet stating his new release date was 2012 because of a AGG ASSAULT charge DOC found in 1996, this MISDEMEANOR happened before the charges he is currently serving on. DOC claims this makes him a 2nd offender because he is serving on AGG BATTERY charge.

Both my husband and I think DOC was wrong to try to make him out to be a 2nd offender because the first charge of AGG ASSAULT was a MISDEMEANOR and the AGG BATTERY is a felony.
What can I do or who can I talk to - to make them take back those 2 years they gave him out of nowhere!?

Can they even do this!?

Any help would be greatly appreciated!

I think the best thing to do is contact a lawyer. If you do a consultation they should tell you if there is anything that can be done.

DoingTimeinLove 01-11-2007 06:38 PM

Quote:

Originally Posted by sunshinestate
my daughter was sentenced in feb of 2004 to do 8yrs but she has already been incarcerated for 3 yrs now she is simmesport for women please help.It was her 1st offence.She was already incarcerated before being sentenced.please help

Is she classified as a nonviolent or violent offender? If nonviolent then she has one year left. If violent then she would have 3 years and about 8 months left.

HE'S21 01-23-2007 12:34 PM

My nephew -
sentenced to 7 years
violent offense
1st time offender
broke probation once
did a plea bargain in court that was not explained to him until the judge asked how he plead. His court apptd atty had never met with him prior to court. His plea bargain was for simple robbery with weapon and attempted simple robbery with weaponm 7 years suspended upon condition that he enter Cenikor program in Baton Rouge and complete the 2 years. Well he got kicked out of the Cenikor program after 1 1/2 months. At least this is the sentencing we are told he got. We were not in court because noone informed us or him that he was going on this day.

DoingTimeinLove 01-23-2007 09:45 PM

Quote:

Originally Posted by HE'S21
My nephew -
sentenced to 7 years
violent offense
1st time offender
broke probation once
did a plea bargain in court that was not explained to him until the judge asked how he plead. His court apptd atty had never met with him prior to court. His plea bargain was for simple robbery with weapon and attempted simple robbery with weaponm 7 years suspended upon condition that he enter Cenikor program in Baton Rouge and complete the 2 years. Well he got kicked out of the Cenikor program after 1 1/2 months. At least this is the sentencing we are told he got. We were not in court because noone informed us or him that he was going on this day.

I think he will probably have to complete his 7 years that were suspended. Since its a violent offense then he will have to do 85% of his time. He may get credit for the time he has already served. Do you know if he has picked up an extra charge for being revoked from his revocation?

HE'S21 01-24-2007 04:13 PM

He did not get any extra charges for the probation violation. But I did get to talk to his probation office and you were right. He will have to serve 85% of his time but he will get credited for time served. Thanks so much for your help....


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