Sentence Structure Laws?..

[Scotties_Girl21]

Okay this might be a little confusing but ill explain it best I can. I need advice from someone who knows a little more on the subject than I do. My boyfriend was put on probation last year after doing 3 months on his charges. His suspended sentence is 6-8 months he had court and told them to activate his sentence on March 29th after being violated for "non compliance" on his probation and our lawyer walked up to me after they took him back and said don't worry I promise he will be out in 90 days. He already had a 90 day credit that he served last year and this 90 day bid will add up to 6 months his full minimum. But when I get on the website it says his projected release dates not til August 29th that would mean he has to do the Max. Is it true he only has to serve his minimum as long as he's on his best behavior? I'm freaking out and no one can give me answers...when will they change that date? Is it a for sure thing that when he does his full minimum he will b released?

[2021]

You said he has a 90-day jail credit for this crime before he was convicted.
Sentenced to 6 to 8-months (180-240 days), suspended and given probation.
Then after 3-months he requested to activate his time (actually was revoked for non-compliance)
Now since the new law took effect, he will more than likely do all his time in the county jail.
All time starts with the MAX time 240 days. IF the Judge put the 90 days credit on his commitment papers, that will reduce his time. 240 - 90 = 150 days.
Although he did 90 days probation - that doesn't count and his active time starts at day 1 when the Judge's gavel came down.
150 days = 5 months

Any corrections, please speak up ...

[Scotties_Girl21]

Yea he did 90 days and the credited him for it and when we went to court his p.o requested he only do 90 days then get out and have more probation but he said no activate my sentence and our lawyer said under the new sentence structure laws he's only required to do his minimum witch is 6 months so he says he might do 91 or 92 days but promised he wouldn't do the whole 150 idk it's very confusing to me I've asked different lawyers and they all tell me he will only do his miniu

[Scotties_Girl21]

And I know they don't credit him for the probation, he did 90 days in county when the crime first happened and got released on probation when he went to court. So that's half his minimum 3 months and this 90 day bid should make the other 3 months witch adds up to his minimum that's how our lawyer explained it to me

[elmo41707]

If he gets his credit for the time done before probation he should have 90 more days. They always start out with ur max release date and u work your way down with merit days and so forth they usually only do their min unless they get in trouble or don't show anyone they are trying if he stays in county he will have to become a trustee to work his time down.

[Scotties_Girl21]

See that's what I was thinking! That when this 90 day bid is over that's his minimum. I really hope he gets out when he does his minimum. What happens if he can't earn gain time? Will he still be released at his min. If he behaves? Our lawyer promised us 90 days and now their telling him he ain't getting out til August. Anyone who can answer any if Theese questions it would be GREATLY appreciated. Thanks...

[Scotties_Girl21]

Oh and he's not in county, as of 4/11/12 he was in ncdoc custody.