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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116298
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have a friend who served 3 years for distribution and possession

Resolved Question:

I have a friend who served 3 years for distribution and possession of drugs as well as a gun charge. He was released 3 months ago and was put on a curfew. He violated his probation by cutting off his ankle monitoring system, and 3 dirty drugs tests. The judge sentenced him to 5 years (back up time) with 1 year suspended. The judge also mention the old gun charged he already was convicted and served time for. My question is can a judge make you serve time for a crime you already did the time for? And also is it true that a person convicted only has to serve 65% of his time.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 7 years ago.
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What state did this occur in? Was this on state or federal charges?
Customer: replied 7 years ago.
This was in Washington DC and it was a state charge
Expert:  Law Educator, Esq. replied 7 years ago.
Sorry you are going through this. It is not 65% of the sentence including probation, he must serve actually 65% of the time in prison before being eligible for parole. The problem here is you are calling too many people. You need to contact the court that sentenced him and get a copy of the sentencing order from his case to get the actual sentence. But based upon what you are saying he is looking at the 5 years, with one suspended, so 4 yearsand 65% is about 30 months. The time does not include probation violations, those are separate and added to his sentence. The judge is not making him serve time for a crime he already served time for, he is enhancing his sentence because of the other gun crime. I am afraid the attorney you already spoke to is correct.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116298
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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