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RE: Total fixed determination term to be served 8 months (welfare fraud) that is to be served CONSECUTIVE to a Total fixed determination term 2 years (narcotics selling, transportation, possession) -- does this mean the woman will actually do ALL of the time (2 years and 8 months)? The 2 years for the drugs are actually 5 counts that are to be served CONCURRENTLY with each other--thus instead of 10 years they have given her 2 years; the 8 month welfare charge was in addition to the drug charges.

If this doesn't mean she has to do the entire 2 years and 8 months, how much will she most likely serve?

This is in California.
Thanks!

2007-12-09 22:51:01 · 5 answers · asked by Alea S 7 in Politics & Government Law Enforcement & Police

Does: Total Fixed Determination mean that she still have to do ALL 2 years and 8 months because it is a Total Fixed Determination sentence. Or can she get time off for good behavior? Or does this term mean she has NO POSSIBILITY to reducing her time to be served? Most in prison have indeterminate sentencing, however hers is FIXED.

2007-12-10 00:25:49 · update #1

5 answers

2 years then 8 months, or vice versa.

What about credit for time served? Did she do 4 months before sentencing? Any time she did between arrest and sentencing is credit that will come off of her 2/8.

Or if she had any credit from an arrest and time served from years ago.

Her public defender will know it the second its sentenced as they have already gone over her books.

2007-12-10 02:29:23 · answer #1 · answered by California Street Cop 6 · 0 0

The prison term for most nonviolent offenses in California can be reduced by 1/2 for good behavior and not refusing to work when assigned. (Penal Code section 2933.) She probably got credit for some jail time before she was sentenced, and the credit on that time is lower (you get credit for 6 days for every 4 days spent in presentence custody), so she will probably do about half of the remaining time. At that point she must be released on parole.

The law is called the Determinate Sentencing Law because the amount of time on the sentence is fixed by the judge. This was a change (in 1977) from the Indeterminate Sentencing Law, where the judge set only a range (e.g., 5 to 10), and the Parole Board decided how long the prisoner actually had to be in prison before parole.

2007-12-11 12:04:53 · answer #2 · answered by Anonymous · 1 0

Take the 8 years and 3 months and take off double the quantity of time spent on remand in custody in the previous sentence (if there replaced into any). Then divide the respond with the help of two to furnish the possibly time whilst he's eligible for parole. The time between launch and something of the sentence unserved is termed the licence era - the cost of any offence in the process that ingredient could bring about keep in mind to reformatory to serve some or each and each of something of the sentence. There are early launch provisions, in spite of the undeniable fact that, and you're able to understand which you at the instant are eligible for launch as early as 270 days (9 months) in the previous the a million/2-way ingredient on your sentence. those provisions got here in final 12 months. the respond could subsequently be as low as 3 and a a million/2 years, not alongside with time spent on remand. not the respond you desire to pay attention, i think, yet possibly suitable which you already know. (with the help of how, the two-thirds rule for sentences over 4 years replaced into abolished in 2005)

2016-10-02 08:01:51 · answer #3 · answered by ? 4 · 0 0

consecutive means she will do 2 years plus 8 months, if it was a concurrent sentence she would do the time together

2007-12-09 23:36:54 · answer #4 · answered by sftbllr4lf 3 · 0 0

if they stay out of trouble, half of the time , or they can get paroled after the min stay

for example if they so no less than 2 years no more than 5 she could get paroled after 2.

2007-12-11 18:31:06 · answer #5 · answered by ♥ஐDanielleஐ♥ 4 · 0 0

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