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Law Question

Vinney

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Mar 6, 2003
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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?
 
Jul 1, 2000
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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?
 

Vinney

Member
Mar 6, 2003
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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.
 
Jul 1, 2000
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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.
 
Jul 1, 2000
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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.
 

Jmmsbnd007

Diamond Member
May 29, 2002
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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 :p
 

Vinney

Member
Mar 6, 2003
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Um no. That an argument that I was preparing for a fake trial will probably not hold water.
 

Brutuskend

Lifer
Apr 2, 2001
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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 :p

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.
 
Jul 1, 2000
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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

Member
Mar 6, 2003
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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.
 
Jul 1, 2000
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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?
 

Brutuskend

Lifer
Apr 2, 2001
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I would say there are several variables.

Prior record.

Amount he was caught with.

And which state it happened in.