How Do I Know What His "ReaL" Sentence is?

[UsPlus7]

I've been lurking on PrisonTalk for quite some time, I definitely read more than I post - usually finding the info I need thru others threads. I finally decided to post this cause its just taking too long to "find" an answer.

So, my man was sentenced according to the extremely unfair, piece of shit Three Strikes Law (for a non-violent drug crime). At sentencing, the judge asked the public defender "Are we doing 65 or 85%?" and the public defender said "85%" (In retrospect this seems odd, I mean WHY would a pd request 85% over 65- for their client?!)

ANYWAY, the judge sentenced him to 26 to Life. There was no mention of parole. He didnt say "without the possibility of parole" so should I assume my LoVe WILL be paroled one day? In another thread, it shows CDC changing 85% to 65% for people sentenced under Three Strikes. So then what range of time is my Love really lookin at?

Regardless of whatever, I have much FAITH that my LoVe will come home one day. But its always nice to have substantive reason to believe

[UsPlus7]

Okay, soo...nobody has answered by the post has gotten 60 views. SHould I assume that nobody has any idea what the answer could be? Or should I assume that this was a stupid question to begin with?

I really am lost with all this court mumbojumbo. ANY help would be nice. Thanks ladies.

[PreciousLyrics]

i would answer sweetie but i donno..all i kno is violent offender (my ray) has to do 85%..i donno bout three strikes. sorry.

[jenilynn]

I didn't want to read and not reply but I have no idea either. I would ask him. He should have a copy of the court documents.

[billings'baby]

Try asking the pd?

[smithdb2008]

I would suggest calling the prison and talking to his case worker

[UsPlus7]

Is the case worker the same as his counselor? How do I find out who is counselor is?

[DaMeS_GiRl88]

Call his prison and talk to someone in records and ask them if you can find out who his counselor is and extension

[HardHeadedWoman]

He was sentenced 20 to life. that means he does have a parole date. the only way he wouldnt is if the judge said Life with no parole.

[Brandy]

Originally Posted by UsPlus7

I've been lurking on PrisonTalk for quite some time, I definitely read more than I post - usually finding the info I need thru others threads. I finally decided to post this cause its just taking too long to "find" an answer.

So, my man was sentenced according to the extremely unfair, piece of shit Three Strikes Law (for a non-violent drug crime). At sentencing, the judge asked the public defender "Are we doing 65 or 85%?" and the public defender said "85%" (In retrospect this seems odd, I mean WHY would a pd request 85% over 65- for their client?!)

ANYWAY, the judge sentenced him to 26 to Life. There was no mention of parole. He didnt say "without the possibility of parole" so should I assume my LoVe WILL be paroled one day? In another thread, it shows CDC changing 85% to 65% for people sentenced under Three Strikes. So then what range of time is my Love really lookin at?

Regardless of whatever, I have much FAITH that my LoVe will come home one day. But its always nice to have substantive reason to believe

You might want to ask this over in the Three Strike forum. I believe that all three strikers are at 85%, tho' I could be wrong, I thought that if it's 25 to life (or so fourth) he has to do at least 25 years. Terry is better in this subject than I am. She will hopefully come in here soon. But do check out the Three Strike forum on here.

Three Strike Forum

My husband was sentence to 75 to life under the three strike law (non violent crime as well), and he was told he would have to do the 75 before even seeing the parole board.

Hopefully Terry will step in here and put some light on all this.

[BRANDY GUILIANO]

with the lifers i have known they in todays current law will serve 85% of the years sentenced before being eligiable for a bpt ( board of prison terms) hearing as brandy just mentioned) does not guarantee a "parole date" because they have the life after the years sentenced... Even with the 3 strikes. My honey has 55 to life... An appeal is what will bring his freedom.

[Annabelle]

The way I understand it, he'll be up for parole in 25 years. Whether or not they grant is parole is a whole 'nother can of worms. If his parole is denied, that is a good time to bring an appeal to the table. Often times the parole board will grant parole and the governer will overturn it, I have seen a lot of appellate court rulings lately overturning the governer and granting the parole.

[PTO-110524]

Yep, if he was sentenced under the 3 strikes law, he has to serve the 25 years first before he sees the Parole Board.

3 strikers are not eligible (at this time anyway) for 85% or any other good credits. They have to serve the full 25 years first.

[UsPlus7]

Thanks for the insight ladies! My LoVe's family and my friends and his kids all look at me like I'm a total NUT for trying to stay by his side thru all this. And although the sentence is harsh and a bunch of BS - I'm finding it almost IMPOSSIBLE to be hopeLESS. I mean, I truly honestly believe in my heart, soul and gut that the Three Strikes Law will be reformed well before 25 years comes.

Am I being NAIVE? (Please be honest with me...)

[Brandy]

Originally Posted by UsPlus7

Thanks for the insight ladies! My LoVe's family and my friends and his kids all look at me like I'm a total NUT for trying to stay by his side thru all this. And although the sentence is harsh and a bunch of BS - I'm finding it almost IMPOSSIBLE to be hopeLESS. I mean, I truly honestly believe in my heart, soul and gut that the Three Strikes Law will be reformed well before 25 years comes.

Am I being NAIVE? (Please be honest with me...)

Never lose faith hon..
Anything can happen and since there are people out there working to try to change the law, NOPE your not being naive!

Keep Faith hon..

[SexyChef1]

Never give up never stop fighting my ole mans status reads life without parole. He didn't kill anyone he was sentenced under the Kingpin law. Wheb people ask why I'm with him I say cause I love him and keep it moving. You dont owe anyone an explaination sweetie.

[sfvprincess818]

I actually have a similar question..hubby got 13 years at 80%. He has 3 years credit. He says it's 13 minus the 3 and then 80% of 10. But my in-laws say it's 80% of 13, then subtract the 3...? I have no idea. It doesn't make a huge difference but every minute counts.

[JavisLady]

Originally Posted by UsPlus7

Thanks for the insight ladies! My LoVe's family and my friends and his kids all look at me like I'm a total NUT for trying to stay by his side thru all this. And although the sentence is harsh and a bunch of BS - I'm finding it almost IMPOSSIBLE to be hopeLESS. I mean, I truly honestly believe in my heart, soul and gut that the Three Strikes Law will be reformed well before 25 years comes.

Am I being NAIVE? (Please be honest with me...)

I met my guy when he was already incarcerated (MWI) relationship. He too, is sentanced under 3 strikes for 25 - life ( I have seen his court papers) and almost everyone thinks I am nuts (I have a good job, good credit, 2 great kids etc) so I hear all the time "What are you doing????"

Interestingly, the ONLY people who think I AM NOT nuts are my sons (soon to be 17 & already 18) who can see how happy this man makes me via letters and visits (SHU visits at that in Pelican Bay)...so what does that tell you? My nearest and dearest and those who really see how he's affected my life are totally behind me....and we just got engaged this Easter!!

I'm also thinking the 25 - life will be altered soon - after all, we're already spending more as a state on incarceration than education...how crazy is that???

Love to us all!

Valerie

[Gryphon]

Originally Posted by sfvprincess818

I actually have a similar question..hubby got 13 years at 80%. He has 3 years credit. He says it's 13 minus the 3 and then 80% of 10. But my in-laws say it's 80% of 13, then subtract the 3...? I have no idea. It doesn't make a huge difference but every minute counts.

Assuming the 3 years includes conduct credits, you subtract 3 from 13. He then serves 8 years on the remaining 10 because he gets 20% conduct credits.

[sfvprincess818]

Originally Posted by Gryphon

Assuming the 3 years includes conduct credits, you subtract 3 from 13. He then serves 8 years on the remaining 10 because he gets 20% conduct credits.

Thank you