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Duncansgirl · #1 02-29-2008, 05:53 PM

Can someone please give me an idea of how long my baby will be gone. He was given a 3 yr sentence @ 30%. He violated community correction and another year was added. He has 16 months in. Can anyone please give me a guesstament about how much longer he'll be in there? He hasn't gone through classification yet either. Thanks Darlene

Waitin_4_J · #2 02-29-2008, 06:45 PM

Have you tried looking his info up on the TN web site using FOIL? I don't know what info will show up at this point since he isn't through classification but it may tell you his sentence end date and RED date.

mrschrisfore · #3 02-29-2008, 11:20 PM

he can flatten a 3 at 30 in 329 days alittle over 10 months plus the time he got added and subtract anygood days if any he may get hope that helps

Chadschicken2 · #4 03-02-2008, 03:36 AM

you are looking at 22 months give or take a few days...but also did the judge give him any credit for time already served?

Duncansgirl · #5 03-02-2008, 12:18 PM

Yeah...he has 16 months down already

Chadschicken2 · #6 03-02-2008, 10:06 PM

ok, it should be around 22 months...

superdreamATM · #7 06-03-2008, 04:51 PM

My husband's parole is up August 2009. He was arrested on March 25 and sent to prison on a parole violation. Tomorrow he goes to court on pending charges (attempted burglary) which could be a 1-4 year sentence. My question is, because this is his 3rd felony, are they gonna make him do ALL his time? or is it standard for them to get the 30% ??? If he gets the 30% then we are looking at around a year (he has already been in for 3 months)... if not.. then 4 years. It's gonna kill me! we have only been married for 6 weeks!

Waitin_4_J · #8 06-03-2008, 05:08 PM

Quote:

Originally Posted by superdreamATM

My husband's parole is up August 2009. He was arrested on March 25 and sent to prison on a parole violation. Tomorrow he goes to court on pending charges (attempted burglary) which could be a 1-4 year sentence. My question is, because this is his 3rd felony, are they gonna make him do ALL his time? or is it standard for them to get the 30% ??? If he gets the 30% then we are looking at around a year (he has already been in for 3 months)... if not.. then 4 years. It's gonna kill me! we have only been married for 6 weeks!

With more than one previous felony charge the percentage of time required to serve goes up. Chances are and according to the sentencing guidelines he will fall well above the 30% range. That 30% is so misleading too; the judge can say, for example, 3 years at 30%, however, that 30% is ONLY the Release Elgibility Date (RED) calculated by TDOC. When the judge specifies 30% TDOC does not have to go by that; it's just the earliest possible date of release. Also, hardly anyone gets out on their RED date.

He will no doubt get credit for the time he has already served but I can just about guarantee that he will get enhancements in the time percentage range b/c he is a repeat offender. I hope that I am wrong; maybe if you guys get a great judge he will not put too much emphasis on his past offenses. He may not be sentenced to 4 years, but even if he his and he is required to serve 60% chances are he will not be in there 4 years day for day.

Do you know if he is required to serve out the rest of his time on the parole violation? Until Aug 2009? Hopefully you guys have a good lawyer and this time can be ran in with whatever he recieves for the new charge.
There is a guideline on-line somewhere that tells what the percentage ranges are for repeat offenders but I cannot think of the web site. Maybe try googling TN Sentencing Guidelines? That may help give an idea at what to expect.

I hope I haven't totally confused you b/c this stuff is hard to explain but if I can help any other way let me know ok? Good luck tomorrow; let us know how it goes. Hang in there