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Old 12-19-2016, 08:54 PM
denverc denverc is offline

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Default Confused about sentence....

My husband was charged with failure to register in Louisiana (original charge was a misdemeanor, in Michigan. He moved to Louisiana 10 years ago, and they are just charging him with this.) We hired an attorney in Louisiana, for $5000.00. He told us my husband would not end up doing jail time because it was a first offense, and that if he did do time, it would only be 6-8 months. He pretty much talked my husband into accepting a plea of 2 years (promising he would get out in 6-8 months with good time and programs). So, we went to court on November 29th 2016, and my husband accepted the plea. The judge sentenced him to "2 years in Louisiana DOC at hard labor, without benefit of parole, probation, or suspension of sentence." She asked if he had any questions, and he asked her about good time, because of the way the sentence reads, it didn't sound like he would get out earlier than the 2 years, and the judge said, "I didn't say anything about good time. You will get your good time and be eligible for early release". Well, today I spoke to a deputy at the DOC and they are telling me he is not eligible for early release on good time credits, because of the clause 'without benefit of parole, probation, or suspension of sentence'. I feel like we have been lied to, and jerked around, at the very least. I am so upset.
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Old 12-19-2016, 10:10 PM
steph9176 steph9176 is offline
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Sounds like he did get jerked around. I'm so sorry you guys are going through this. Maybe others can help you more? I'm in Texas.
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Old 12-20-2016, 09:59 AM
GaReform GaReform is offline
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My son had a similar issue in Georgia. He was supposed to get credit for time served prior to transfer to DOC but the judge didn't write it in his order so DOC said he couldn't get the 42 days. Our attorney had to get a copy of the sentencing transcripts where it was said & then file a motion to change the sentence. The motion basically said the judge said he would get credit for time served but the sentencing order didn't include that & DOC wouldn't give it. The judge signed the amended order & he got the credit.

You should contact your attorney & tell him what's going on. Ask him to get clarification or file the order to amend the sentence to allow for good behavior credit. I called the judge's clerk & spoke to her about my son's case & she told me what needed to be done. You might try doing that first.
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Old 12-20-2016, 08:01 PM
denverc denverc is offline

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I spoke with our attorney today, and he said my husband IS eligible for early release, with good time and programs. He said this is a non-violent crime, and DOC is letting people out early everyday, with this same sentence. He explained that the sentencing statute is for the judge. She can not decide to give one person 6 months probation, and the next 2 years. She has statutes that she must follow. He said that does not in any way mean my husband can't get out early with good time credits. I feel a huge weight lifted off me, and I am thankful for the information you provided above, because it should be in the minutes where the judge said he WILL get his good time. So, if I have to, I can always have the lawyer go that route. Thank you for sharing!
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Old 12-22-2016, 01:36 PM
jadah jadah is offline
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Glad you are making head-way. We will be here for support.
"One of the casualties of [prison life] is the numbness of the heart"- Man on Fire

There is no question that in virtually all circumstances in which people are doing things in order to get rewards, extrinsic tangible rewards undermine intrinsic motivation." the New Scientist (12th April 2011, pp 40-43)

" Every life you touch, every fear or pain you ease, every loved ones' heart that you ease the burden from is the reason you are here."
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failure to register, good time louisiana

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