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jsuper22 07-28-2013 12:46 PM

Question about DWI max sentence
My son was charged with a felony DWI in Cheektowaga, NY and plead down to an A misdemeanor DWI and was sentenced to drug court. The judt placed him on the criminal calendar. Anyone know the maximum sentence he could receive. He's been in Erie County Correctional Facility for 3 months. He never received a PSI before sentenced to drug court but did have someone come in last week at the jail. His court date is August 5th. He is receiving various info from people on the inside. I was wondering if anyone knew the max sentence OR if not receiving a PSI before being sentenced to drug court is something they do? Any information would be helpful. Thank you so much.

Irish Girl 07-28-2013 01:02 PM

I'm not an expert but I believe that no misdemeanor has a sentence of incarceration (jail, not prison) greater than one year. Jail time often has some time off for good behavior. In addition to jail, there is supervision after jail which can go on for some number of years, up to five I think. The other important feature of supervision is that if the person violates during those years, I believe they can then go to prison for the remainder of the years of supervision. I'm not positive on all this misdemeanor stuff but someone else here probably knows for sure.

Momma Ann 07-28-2013 03:56 PM

This depends on many other factors. I'm guessing if he has spent 3 months In jail this is not his first dwi or run in with the law. The history will determine what happens here.

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