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  #26  
Old 11-13-2017, 08:33 PM
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Okay thank you I should of read more before saying anything.


Its okay. 57 is a bit confusing and even those of us who have been trying to figure it out for the past year or more still have questions. Happy to help simplify the parts you may have questions about as best we can
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  #27  
Old 11-14-2017, 12:38 AM
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My husband just accepted 15 years today but wont be sentenced until next month. I don't even know how to feel. I guess im numbing my feelings. He's been in county jail for 1 year and im trying to figure out how long he will have left of his sentence. He will serve his time in prison at 85%. Will his yearin county jail be counted as 50% or also 85%
What do you mean by accepted? He did a plea agreement? If that's the case my husband did a plea agreement to 15 years but at sentencing the judge gave him 11 years. You will have to wait until sentencing to know what the final outcome will be. Good luck!!
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  #28  
Old 11-14-2017, 10:21 AM
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What do you mean by accepted? He did a plea agreement? If that's the case my husband did a plea agreement to 15 years but at sentencing the judge gave him 11 years. You will have to wait until sentencing to know what the final outcome will be. Good luck!!
Yes a plea agreement. Really was it 11 years after the time ur husband served in county was counted and the 80% or was it 11 years amd the time would be counted from that. I hope that made sense
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Old 11-14-2017, 11:26 AM
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Yes a plea agreement. Really was it 11 years after the time ur husband served in county was counted and the 80% or was it 11 years amd the time would be counted from that. I hope that made sense
Remember to ask what state they're in. Sentencing outcomes vary wildly from state to state.
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Old 11-14-2017, 04:15 PM
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Yes a plea agreement. Really was it 11 years after the time ur husband served in county was counted and the 80% or was it 11 years amd the time would be counted from that. I hope that made sense
He took a plea for 15 years but when sentencing came the judge sentenced him to 11 years under what his plea was. After his county time served, good time and the RDAP program he should be home in 7 1/2 to 8 years but less now since he's been in over a year already. We are from Minnesota but he was sentenced out of Wisconsin so we are at the 85%.
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Old 11-22-2017, 02:21 AM
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Default My husband just took 15 years; Will year in county be counted as 50 or 85%?

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He took a plea for 15 years but when sentencing came the judge sentenced him to 11 years under what his plea was. After his county time served, good time and the RDAP program he should be home in 7 1/2 to 8 years but less now since he's been in over a year already. We are from Minnesota but he was sentenced out of Wisconsin so we are at the 85%.


This does not happen in California if someone agrees to a plea bargain with the District Attorney. A judge will honor the plea agreement as-is 99% of the time. The other 1% (and that might be overstating it) the judge will reject the plea bargain and usually give a reason why and give the parties the option of negotiating again or going to trial. The only time a judge will sentence to a lower amount than the DAs request is if the defendant opts to make an open plea and throw themselves essentially at the mercy of the court. Generally that does not happen and defendants usually only take an open plea and plead guilty if the judge has indicated, for whatever reason, that they will give a lower sentence than what the DA is offering.
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  #32  
Old 11-22-2017, 09:11 PM
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It can actually happen in any state but doesn't that often like you said. My husbands indictment came 4 years after the crime itself and out of the 20 people involved he was the lowest on the totem pole but everyone was charged the same. He wrote a wonderful letter addressing the court and the judge said he has many people write letters and they say everything that he wants to hear and in my husbands case he said he believed he meant every word of it. If he could have sentenced him on character, he would have given him less but had to by law give at least the mandatory minimum. When he gave him the lower sentence, he asked the DA if he objected and he didn't. It can happen, it just doesn't enough!
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  #33  
Old 12-28-2017, 06:21 PM
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Not correct at all. We had a family friend charged with murder. he took a 12 year deal and they did not give him credit for any county time because he took the deal so family would not have to be put thru testifying for him. Not everyone gets county credit in California.

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12.75 years so he would have 11.75 left if you take off the year from county.
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Old 12-28-2017, 06:24 PM
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I thought anyone sentenced to a violent offense still has to do 85%?

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This isn't correct.

County is counted differently than state time so depending on how many actual days he's been there at the time of sentencing, that will be locked down the day they do that hearing.

He should be serving 80%, not 85%. California recently dropped min. for VOs.

There will also be programs he can participate in to lessen his time served when he reaches his home prison. He can earn 12 weeks a year in milestones and if he has education to complete (GED or college work), he can earn another 3 months for that.

80% of 15 is an even 12 years. Then they'll subtract county time. Assume he maxes his 12 weeks per year, he can drop another year off in the first 5 years.

I know you were hoping for much less and that you have a little one to think of. This is going to be a long big and it will take some time to wrap your head (and heart) around the reality of that. Take it moment by moment. It's normal to feel overwhelmed.

Once sentencing is over, then you'll go through reception where he'll be limited to letters and non-contact visits. That usually lasts 4-6 months. Then he'll be sent to his home prison.

Moment by moment. Big hugs to you.
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  #35  
Old 12-28-2017, 06:45 PM
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I thought anyone sentenced to a violent offense still has to do 85%?
No, it was lowered to 80% with Prop 57.
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