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New York General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in New York that do not fit into any other New York sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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  #1  
Old 05-24-2008, 10:11 PM
TL928 TL928 is offline
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Default 3 Year Flat Bid - Class D Violent Felony

My son is a first time felony offender. He accepted a 3 year flat bid. The Legal Aid Lawyer says he'll serve 2 years, 6 months & 29 days. Is this true? Does merit and good time apply on a flat bid? At this point it is hard to trust anyone.

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terri
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Old 05-24-2008, 10:26 PM
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from my understanding with a violent crime he will not be given Merit Time ... hence why his lawyer told you he will serve 2 years and 6 months. The 6 months or 5 months and a few days that was taken off from the flat 3 year bid is the "good time". If he was given Merit Time I believe he would then only have to do about 2 years. I believe Merit Time takes off ANOTHER 6 months. With Merit Time though you have to earn it from my understanding you HAVE to do programs, work, and or school and stay out of trouble in order to be granted Merit Time (Also this I believe is for Non-Violent only).


I could be wrong and if I am I am sorry but from what I have learned over the past couple years now is this if I am wrong someone I am sure will gladly correct be but from my understanding and what I have been told or for my hubbies case this is how it works and when speaking to other girls who have violent charges they are not being given Merit time ... it could be different for some violent charges i'm not sure but i believe it's all violent charges ..
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Old 05-24-2008, 10:30 PM
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For flat bids you have to do at least 6/7 or 85% of your sentence. Unless you catch a new charge or get a lot of tickets, you shouldn't have to do the whole number of years you were sentenced to.
For example, my husband has a flat 20 , so when he does 17 years he will CR ( conditional release) and come home, but if he (stupidly) gets a lot of tickets they could keep him and make him max out so then he would have to do the whole 20.
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Old 05-24-2008, 10:31 PM
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Quote:
Originally Posted by Bee2 View Post
from my understanding with a violent crime he will not be given Merit Time ... hence why his lawyer told you he will serve 2 years and 6 months. The 6 months or 5 months and a few days that was taken off from the flat 3 year bid is the "good time". If he was given Merit Time I believe he would then only have to do about 2 years. I believe Merit Time takes off ANOTHER 6 months. With Merit Time though you have to earn it from my understanding you HAVE to do programs, work, and or school and stay out of trouble in order to be granted Merit Time (Also this I believe is for Non-Violent only).


I could be wrong and if I am I am sorry but from what I have learned over the past couple years now is this if I am wrong someone I am sure will gladly correct be but from my understanding and what I have been told or for my hubbies case this is how it works and when speaking to other girls who have violent charges they are not being given Merit time ... it could be different for some violent charges i'm not sure but i believe it's all violent charges ..
You're right , no merit time for VO ( Violent offenders)
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Old 05-25-2008, 05:56 AM
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HIS LAWYER IS RIGHT MY HUSBAND HAS THE SAME AMOUNT OF TIME, BUT HE HAS TO MAKE UP EXTRA TIME SO THEY ADDED 5 MORE MONTHS TO HIS SENTENCE, SOMETHING ABOUT HE OWED IT TO DOC


Quote:
Originally Posted by TL928 View Post
My son is a first time felony offender. He accepted a 3 year flat bid. The Legal Aid Lawyer says he'll serve 2 years, 6 months & 29 days. Is this true? Does merit and good time apply on a flat bid? At this point it is hard to trust anyone.

Thanks,

terri
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Old 05-25-2008, 05:45 PM
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Some have said tickets will be a cause of good time. While that can be the case, there is another reason that an individual can lose his/her good time: Not completing mandatory programs. If his counselor says he must take programs "x, y and z", and he does not successfully complete these programs, he WILL be denied his/her good time. Programs that fall under this are A.S.A.T (Alcohol and Substance Abuse Treatment), A.R.T. (Aggression Replacement Training), G.E.D., S.O.P. (Sex Offender Program), Vocational Education, etc . . .
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Old 05-25-2008, 09:42 PM
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Your Lawyer is correct- no merit for violent felons- but good time will be given if he does not get into trouble. Good Luck!
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Old 05-25-2008, 09:52 PM
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Thanks to all for the info. I'm distressed he pleaded to a "violent" felony and wonder if at sentencing the judge can issue a violent felony overide!!!!! He definitely needed help, but this is his first "big" offense and I hoped for a mandated 18 month program, not prison. Trying to accept "God Knows What He Needs", but the whole system has me disgusted!!!!

terri
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Old 05-25-2008, 11:54 PM
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Quote:
Originally Posted by TL928 View Post
Thanks to all for the info. I'm distressed he pleaded to a "violent" felony and wonder if at sentencing the judge can issue a violent felony overide!!!!! He definitely needed help, but this is his first "big" offense and I hoped for a mandated 18 month program, not prison. Trying to accept "God Knows What He Needs", but the whole system has me disgusted!!!!

terri
I know exactly how you feel...the main thing to do now is to pray and ask God to give you peace of mind, Strength for your son and patience as well. blessings!!!!
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Old 05-26-2008, 09:17 AM
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Quote:
Originally Posted by FormerOffender View Post
Some have said tickets will be a cause of good time. While that can be the case, there is another reason that an individual can lose his/her good time: Not completing mandatory programs. If his counselor says he must take programs "x, y and z", and he does not successfully complete these programs, he WILL be denied his/her good time. Programs that fall under this are A.S.A.T (Alcohol and Substance Abuse Treatment), A.R.T. (Aggression Replacement Training), G.E.D., S.O.P. (Sex Offender Program), Vocational Education, etc . . .


Thats not your good time you loose. You are given good time and you will loose it if you are not good by getting tickets, into fights (which result into tickets) etc .... but MERIT TIME is what is NOT given and must be earned. You must complete programs such as ASAT, ART, GED, SOP, Vocational and such in order to be given MERIT TIME if you don't do such programs they can deny you MERIT TIME but Good Time they can't deny you if you don't do programs. From my understanding Good Time is a given and can only be loosed by your behavior. If denied MERIT TIME you can still get out on your GOOD TIME. Could be wrong again but that's the way our lawyer explained it.

And FLAT BIDS that are (non violent) can do less than 85% not all Flat Bids are violent. But I guess this woman is talking about her hubby being a violent crime so I guess in her case yes he must do 85% ... but in cases like drug charges that was flat bids they can be given Merit Time and be out earlier then the 85% mark.
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  #11  
Old 05-26-2008, 09:26 AM
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yup my hsuband was sentenced to 6 flat this was his first real offense it was a violent crime so he serves 85% of that time. but for good time they take off 2 months per year. so they do 10 months instead of 12. but he does come home next year he got his GED, he also got a certificate for repairing small engines and he is now at eastern for the domestic viloence program.
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Old 05-28-2008, 10:39 PM
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Quote:
Originally Posted by Bee2 View Post
Thats not your good time you loose. You are given good time and you will loose it if you are not good by getting tickets, into fights (which result into tickets) etc .... but MERIT TIME is what is NOT given and must be earned. You must complete programs such as ASAT, ART, GED, SOP, Vocational and such in order to be given MERIT TIME if you don't do such programs they can deny you MERIT TIME but Good Time they can't deny you if you don't do programs. From my understanding Good Time is a given and can only be loosed by your behavior. If denied MERIT TIME you can still get out on your GOOD TIME. Could be wrong again but that's the way our lawyer explained it.

And FLAT BIDS that are (non violent) can do less than 85% not all Flat Bids are violent. But I guess this woman is talking about her hubby being a violent crime so I guess in her case yes he must do 85% ... but in cases like drug charges that was flat bids they can be given Merit Time and be out earlier then the 85% mark.
I am sorry to tell you that you are incorrect in your information. I was actually incarcerated for 4 years in DOCS (Released Jan. 2006) and I say so many people loose there good time for not completing programs. Good time is not just for behavior. Please read the correction law that goes along with it (pay attention to the bold):

Quote:
New York State Correction Law Section 803
Good behavior allowances against indeterminate and
determinate sentences.
1. (a) Every person confined in an institution of
the department or a facility in the department of mental hygiene serving
an indeterminate or determinate sentence of imprisonment, except a
person serving a sentence with a maximum term of life imprisonment, may
receive time allowance against the term or maximum term of his sentence
imposed by the court. Such allowances may be granted for good behavior
and efficient and willing performance of duties assigned or progress and
achievement in an assigned treatment program
, and may be withheld,
forfeited or canceled in whole or in part for bad behavior, violation of
institutional rules or failure to perform properly in the duties or
program assigned
.
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Old 06-02-2008, 06:06 AM
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My husband also got a flat bid of 7 years and he has to do 85%.
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Old 06-07-2008, 06:10 PM
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My man got a 3 year flat bid for a pair of non-violent felonies. (Class C and Class E)

He just got denied for his merit time (he completed ALL OF THE PROGRAMS they asked for PLUS MORE - and has had no tickets or any fights.) They told him that since he has an Order of Protection against him (an ex girlfriend- we have no clue how she keeps getting it extended when they haven't spoken in 4 years!!!) They are now telling him that he'll have to do anger management and domestic violence programs upon release.

So apparently even if you DO complete their programs and all that jazz they don't care. GGGGGRRRRRRR
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Old 06-12-2008, 08:25 AM
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Quote:
Originally Posted by TL928 View Post
My son is a first time felony offender. He accepted a 3 year flat bid. The Legal Aid Lawyer says he'll serve 2 years, 6 months & 29 days. Is this true? Does merit and good time apply on a flat bid? At this point it is hard to trust anyone.

Thanks,

terri

Hey Terri. Mine was goven a flat bid of 7 years. For him, merit does not apply, neither does parole. He DOES have to do 85% of the seven years. That brings us to November of this year. He will see a time allowence commitee in July to determine if he has been a good enough boy that his 85% will be enough (it BETTER BE). Then he has the mandatory post release supervision of 5 years. I don't even know why they call it something different, it's just like parole. Hope I helped. If you wanna talk, PM me.

~Meg
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