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How Does Prison Sentencing Work?

Posted on 9/28/19 at 9:30 pm
Posted by OweO
Plaquemine, La
Member since Sep 2009
122527 posts
Posted on 9/28/19 at 9:30 pm
For example, let's say someone is in prison (or jail) for 8 months before they go to court. The judge gives them 5 years, but they only end up serving less than a year after being sentenced.

How is it determined that that person was sentenced 5 years, but with time served they only stay in prison just over a year? (This is just an example)

When does "good behavior" apply? And let's say this person is a repeat offender for something like... Possession of drugs (let's say schedule 2 or worse)
Posted by arseinclarse
Member since Apr 2007
35469 posts
Posted on 9/28/19 at 9:34 pm to
Divide by 4, carry the 6, add 3.50
Posted by beerJeep
Louisiana
Member since Nov 2016
39228 posts
Posted on 9/28/19 at 9:34 pm to
What ya going away for dude?
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45534 posts
Posted on 9/28/19 at 9:35 pm to
I thought it was half plus 7.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 9/28/19 at 9:36 pm to
It’s kind of like welching on a bet.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 9/28/19 at 9:37 pm to
It all depends on a lot of things.

The PSI from probation officer?

What kind of minimums and maximums the guidelines call for?

Whether or not the sentence (or sentences) should run concurrently or consecutively?

What are the mitigating and aggravating circumstances of the case and the convict's history?

What are the recommendations from the prosecutor, defendant's attorney and the jury if applicable?
This post was edited on 9/28/19 at 9:39 pm
Posted by Bawcephus
Member since Jul 2018
2747 posts
Posted on 9/28/19 at 9:38 pm to
Just go away. That brief time while you were banned was glorious.
Posted by tigersfirst
Baton Rouge
Member since Apr 2013
1064 posts
Posted on 9/28/19 at 9:40 pm to
There are certain release mechanisms written into law in Louisiana which allow for someone to get out if jail.

Here is a simple explanation for state:

Good time- 35 percent for non crimes of violence and non sex offenses
Parole - eligible after 25 percent for non violent non sex offenses
CTRP credits - earn up to 360 days off for "programs"
Posted by biglego
San Francisco
Member since Nov 2007
85525 posts
Posted on 9/28/19 at 9:40 pm to
Sentencing laws differ depending on the state. Federal is it’s own thing too.
Posted by tLSU
Member since Oct 2007
8691 posts
Posted on 9/28/19 at 9:43 pm to
People billed under the habitual offender law aren't eligible for good time.

For everyone else, non violent / non-sex crimes, 13 days good time for every days served....or 35%.

For crimes of violence, the good time reduction is 25%.
This post was edited on 9/28/19 at 9:45 pm
Posted by 12
Redneck part of Florida
Member since Nov 2010
19842 posts
Posted on 9/28/19 at 9:45 pm to
Depends on the state and if there is parole. Federal sentencing is different. There is no parole and inmates have to serve 85% of their sentence. Although, new changes have been made to Federal sentencing.
Posted by OweO
Plaquemine, La
Member since Sep 2009
122527 posts
Posted on 9/28/19 at 9:50 pm to
Thank you. As well as to everyone else gave legit replies.

So the only sentence that is straight forward is life without parole right?

Remember the guy who was tried as an adult for killing a girl when he was 14-15 yrs old who got out a few years ago & ended up graduating from LSU?

He had life without parole right? But he was released because he was a juvenile tried as an adult? (In that type of situation is that the only way someone who gets life without parole can get out?)
Posted by tLSU
Member since Oct 2007
8691 posts
Posted on 9/28/19 at 9:52 pm to
Judge makes determination as to whether juveniles tried as adults are eligible for parole after serving 30 years.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 9/28/19 at 9:52 pm to
Typically you get credit for time served while waiting trial.

Also in Louisiana it is common to get part of or all of the sentence suspended.
Posted by OWLFAN86
Erotic Novelist
Member since Jun 2004
198019 posts
Posted on 9/28/19 at 9:57 pm to
blacks get longer ones


oh the irony
Posted by OweO
Plaquemine, La
Member since Sep 2009
122527 posts
Posted on 9/28/19 at 9:57 pm to
quote:

Also in Louisiana it is common to get part of or all of the sentence suspended.


And what determines whether or not a sentence gets suspended?
Posted by Ed Osteen
Member since Oct 2007
59345 posts
Posted on 9/28/19 at 9:58 pm to
Good behavior gets 2 or even 3 to 1 in some prisons. There’s also all other sorts of factors like over crowding and other shite.

Is this question one of a thousand that you have written down since being banned that you could have googled?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 9/28/19 at 10:00 pm to
quote:

And what determines whether or not a sentence gets suspended?


Mostly it's the judges preference. A few statutes dont allow it but most do.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
135032 posts
Posted on 9/28/19 at 10:07 pm to
They wanted something worse than the death penalty, but the sentence of “talking to OweO all day” was ruled cruel and unusual punishment
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12722 posts
Posted on 9/28/19 at 10:37 pm to
Between this and the guy asking about IRS investigations... I’m starting to think one of the boards is running another lobster scam.
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