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If sentenced to 6 months in NY state jail how much time will be served?
Anonymous4 views7 answers
My boyfriend had 19 days left of his probation and his probation officer had a list of little violations that had occurred during his 3 year probation (non of which were violent or drug related) and reported them a few days ago. They put a warrant out for his arrest in which the sheriffs came to his parents house where he wasn't there at the time. He came down to the station the next day with his father and they took him straight away to the Judge. He was not read his rights or asked if he wished to have an attorney present. The judge sentenced him right on the spot to serve 6 months in the local jail. I was wondering if there was anything his family could do to shorten his sentence? I've also heard that an inmate can get out on good behavior and only have to serve 2/3's of the time?
Joseph A Lo PiccoloCriminal Defense AttorneyGarden City, NY ·
He serves 4 of the 6 months w/credit for any prior time served on the case.
It can only be shortened by appeal which takes time BUT a writ can be taken if there is an appealable issue which could, but would not likely, get him out sooner.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
[email protected]
In most instances, he will get one third off for good behavior and credit for time that was already served on the case. You can talk to a local attorney to see if there is information which was not made clear to the judge at the time of sentencing. It will probably be an uphill battle. Good luck.
They didn't need to read him any of his "rights" if they weren't going to question him. He should have had a hearing to determine if the violations were indeed founded. That is something you or he should discuss with his attorney. As far as the sentence is concerned, with good behavior he will only have to serve 2/3 which would be 4 months but he would also get credit for any time he spent in on the front end or at any other time in connection with the underlying charge.
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They didn't need to read him any of his "rights" if they weren't going to question him. He should have had a hearing to determine if the violations were indeed founded. That is something you or he should discuss with his attorney. As far as the sentence is concerned, with good behavior he will only have to serve 2/3 which would be 4 months but he would also get credit for any time he spent in on the front end or at any other time in connection with the underlying charge.
---------------------------------------- This email was sent by: , Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.attorneyqna.com/?qs=5fa3941315bda1d28ed83cb375415d9bae4537957b39c9810db036977a75a1c0b7fd9c2480d21986 ) ----------------------------------------
They didn't need to read him any of his "rights" if they weren't going to question him. He should have had a hearing to determine if the violations were indeed founded. That is something you or he should discuss with his attorney. As far as the sentence is concerned, with good behavior he will only have to serve 2/3 which would be 4 months but he would also get credit for any time he spent in on the front end or at any other time in connection with the underlying charge.
---------------------------------------- This email was sent by: , Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.attorneyqna.com/?qs=5fa3941315bda1d28ed83cb375415d9bae4537957b39c9810db036977a75a1c0b7fd9c2480d21986 ) ----------------------------------------
