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Judicial Release-serving mandatory time-when can you file?
I hope I have posted this in the right place,
My loved one is serving a prison sentence with mandatory time included into that. It was believed once his mandatory time was served he could wait six months and then file the judicial. However we have now heard different,
this is what we have heard:
Eligible offenders cannot be serving a mandatory prison sentence. If the sentence includes a mandatory sentence, the offender must serve the mandatory time before the eligibility clock begins to run.If the aggregated nonmandatory prison term or terms is five years, the eligible offender may file the motion not earlier than the date on which the eligible offender has served four years of the offender's stated prison term or, if the prison term includes a mandatory prison term or terms, not earlier than four years after the expiration of all mandatory prison terms.
By the time he serves the mandatory time he would have 5 years remaining on the sentence and this means he would only be eligible to file 1 year before release which wouldn't be very beneficial, can anyone help?
thanks
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Last edited by kirstyym; 12-05-2020 at 09:22 PM..
Reason: gramatical mistakes
It depends..
If they are allowed to file judicial it is writen there. What says the inmate locator? Is there written that he cna file judicial?
They can file every 6 months if they are allowed. They can file every 6 months, you can file earlier but it could make the judge mad if they get it over and over. That is what a few attorney said..