Law Question

[Vinney]

If someone is convicted for the sale of cocaine and given a 3 year sentence, what is the earliest time that person could possibly be released?

 

[aphex]

:beer:

 

[DevilsAdvocate]

Originally posted by: Vinney
If someone is convicted for the sale of cocaine and given a 3 year sentence, what is the earliest time that person could possibly be released?

Federal or state?

 

[FoBoT]

it could vary widely

see you in 3

 

[Vinney]

Either.

 

[ElFenix]

Originally posted by: Vinney
Either.

thats 51 jurisdictions with possibly 51 different answers

 

[Vinney]

Well it's not a specific state. It's a hypothetical situation based in a made up state, so no particular state jurisdiction would be controlling. What I really want to know is if it's feasible for that person to be released in 6 months or less.

 

[DevilsAdvocate]

Originally posted by: ElFenix

Originally posted by: Vinney Either.

thats 51 jurisdictions with possibly 51 different answers

Right.

Typically guests in our fabulous federal facilities do all their time. Guests at state facilities have a tendency to serve shorter sentences.

 

[DevilsAdvocate]

Originally posted by: Vinney
Well it's not a specific state. It's a hypothetical situation based in a made up state, so no particular state jurisdiction would be controlling. What I really want to know is if it's feasible for that person to be released in 6 months or less.

That would be a "revolving door" jurisdiction. In today's political climate, 6 months on a 3 year sentence seems unlikely - especially for a drug offense.

 

[Vinney]

sucks

 

[Jmmsbnd007]

I just noticed your registration date, you registered nearly a year ago and just *now* you make your first posts? Odd one aren't you

 

[DevilsAdvocate]

Originally posted by: Vinney
sucks

That someone should do time for an offense? Or, that you waited until th last minute on this alleged question?

 

[Vinney]

Um no. That an argument that I was preparing for a fake trial will probably not hold water.

 

[Brutuskend]

Originally posted by: Jmmsbnd007
I just noticed your registration date, you registered nearly a year ago and just *now* you make your first posts? Odd one aren't you

Maybe he just got released for his LAST bust, and is thinking about "stepping up to the BIG TIME"?

 

Originally posted by: Vinney
If someone is convicted for the sale of cocaine and given a 3 year sentence, what is the earliest time that person could possibly be released?

Well...lets assume a 1:1 good time ratio. That means that for every day you behave, you get 1 day off your sentence. That would be 50% at most, which would mean at LEAST 1.5 years for a 3 year sentence. However, states vary, and since you are unwilling to name a state, we cannot help you further.

 

[Don Vito Corleone]

The federal prison system does not have parole, but most states do, and require you to serve 1/3 of the sentence.

 

[DevilsAdvocate]

Originally posted by: Vinney
Um no. That an argument that I was preparing for a fake trial will probably not hold water.

Many jurisdictions have rules against making that argument - that a jury should choose a longer sentence due to parole considerations.

 

[Vinney]

I can tell you what the argument is, if that's what you'd like. I don't think it's what you're thinking.

 

[DevilsAdvocate]

Originally posted by: Don_Vito
The federal prison system does not have parole, but most states do, and require you to serve 1/3 of the sentence.

1 for 3 is the way Texas works. I suspect that is the way most states handle it, too.

 

Correct me if im wrong, but I dont even think you are allowed to bring up sentencing in a trial?

 

[Vinney]

It's not a trial. It's a pre-trial motions hearing to supress evidence.

 

[911paramedic]

Let me be as vague as your question...earlier or later than their release date.

 

[Corporate Thug]

48 hours

 

[Vinney]

I'm sorry, I didn't mean for the question to be vague, how could I clarify?

 

[Brutuskend]

I would say there are several variables.

Prior record.

Amount he was caught with.

And which state it happened in.