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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 11-26-2016, 11:39 AM
jstyliades jstyliades is offline
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Default Sentenced to 1 1/3 - 4 years in NY. What'ss this mean? Eligible for Shock?

Hi all.

Hope I'm in the right place. I have some questions if anyone could help me answer them. My boyfriend got his second dwi. We paid 8 grand for his lawyer. Took it to grand jury and he got a guilty verdict and was sentenced to 1 and the 3rd. - 4 yrs upstate prison.

To my questions are:

1) what is 1 and the 3rd? Is that mean a minimum of a year and 4 months? And is there a chance he could get out sooner?
2) also when he gets out the papers said he will be on parOle and no then post supervision. What is the difference between the 2?
3) also I know they give some inames the option to do a boot camp Program for non violet crimes. My husband already did a boot camp program when he was 19 for a previous charge (he is now 30) . Do you think they would present him with this option again if he's already done it in the past?

Thank you very much to everyone that answers. Any feedback means alot.
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  #2  
Old 11-26-2016, 01:50 PM
jstyliades jstyliades is offline
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Default New York shock camp

My husband got sentenced to 1 1/3 to 4 years in state prison for his second offense dwi. He hopes to get the option to do shock but my question is...will they even give him that option? When he was 19 he got busted for drugs and it was a felony on his record and he went into the shock program, now he 30 and I wonder if they will give him the option a second time around? Any feedback will help!
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  #3  
Old 11-26-2016, 04:09 PM
ConCraft ConCraft is offline
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Quote:
Originally Posted by jstyliades View Post
Hi all.

Hope I'm in the right place. I have some questions if anyone could help me answer them. My boyfriend got his second dwi. We paid 8 grand for his lawyer. Took it to grand jury and he got a guilty verdict and was sentenced to 1 and the 3rd. - 4 yrs upstate prison.

To my questions are:

1) what is 1 and the 3rd? Is that mean a minimum of a year and 4 months? And is there a chance he could get out sooner?
2) also when he gets out the papers said he will be on parOle and no then post supervision. What is the difference between the 2?
3) also I know they give some inames the option to do a boot camp Program for non violet crimes. My husband already did a boot camp program when he was 19 for a previous charge (he is now 30) . Do you think they would present him with this option again if he's already done it in the past?

Thank you very much to everyone that answers. Any feedback means alot.
His minimum is 16 months (1-1/3) but he will have a merit time allowance of 15% off that minimum term (conditioned on successful program participation and completion.

His CR date (conditional release) is 32 months (2-2/3) of maximum four years.

Unfortunately, almost all DWI cases are denied discretionary early release. In other words, expect he will serve 32 months (to his CR date). As long as he doesn't catch serious misbehavior reports, and he completes his recommended programs, that's when he'll likely be released.

He may well be "eligible" for Shock, but because if his DWI conviction, unlikely is that he would be approved for it.
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Old 11-26-2016, 04:33 PM
jstyliades jstyliades is offline
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So you think he will be in there for at least 32 months. No possibility for shock?
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Old 11-26-2016, 05:40 PM
ConCraft ConCraft is offline
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So you think he will be in there for at least 32 months. No possibility for shock?

Yes, likely 32 months.

Again, Shock is possible, but not likely with DWI.
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Old 11-27-2016, 07:29 AM
Combs Combs is offline
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Correct about the near-total likelihood of getting out at the CR date (2/3 of the max) and about shock being highly unlikely. Even if he gets into shock, virtually no DWI cases in NY get out right after shock. Almost all of them still get kept inside until their CR date anyhow. When I was inside, I knew a number of DWI guys who did shock and still CRíd. Long story short is your husband will almost undoubtedly be inside until his CR date. DWIís virtually never get out any earlier. Itís best to accept that fact and save yourself the false hopes and heartaches that come when early Parole is repeatedly denied. I did my time for DWIís and they hit me every time they could and I got out on my CR date. The emotional roller-coaster ride I went through at each Parole Board hearing was the worst---the high hopes being crushed and the subsequent despair was awful. That was the worst part of the entire time I spent inside.

On another note... 1 1/3 to 4 isnít as bad as it gets, although you paid dearly for that minimally effective lawyer. At least your husband will CR in just 32 months. That may seem like forever right now, but itíll pass pretty quickly and when itís over itíll seem like it wasnít anywhere near that long. Many of us have done 2x that long for DWIís with no bodily injury involved.
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Old 11-27-2016, 10:26 AM
jstyliades jstyliades is offline
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Is there any type of treatment programs he might be eligible for? Inpatient, half way house? Etc?
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Old 11-27-2016, 11:43 AM
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Unfortunately, none that will get him out sooner. He will be required to take and complete the DWI program at Gowanda and/or ASAT there or at some other facility, but 32 months us likely what he will serve regardless.
That is what you and he should prepare for.
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Old 11-27-2016, 11:55 AM
jstyliades jstyliades is offline
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Could you tell me more about these programs? Is this something that he has to complete while in prison or when he gets out? Or a different facility he would be transfered too?
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Old 11-27-2016, 12:03 PM
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Could you tell me more about these programs? Is this something that he has to complete while in prison or when he gets out? Or a different facility he would be transfered too?
He will have complete those programs inside prison to be released at 32 months. If he doesn't he will be denied good time allowances, meaning he will serve his maximum term of 48 months.
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