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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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my husband was sentenced by federal court 2 charges to run

Customer Question

my husband was sentenced by federal court 2 charges to run consecutive

Charge 1 - one yr and one day
Charge 2 - 24 months

He has been in custody since January 1st 2007. He has qualifed for 6 mths half way house. When is he eligible for moving to half way house?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Joseph replied 7 years ago.
Federal law requires a person to serve approximately 85% of their sentence, the remaining 15% being considered a form of gain time. Similarly, Florida law has an 85% requirement.

You husband was sentenced to 1 year plus 2 years for a total of 3 years, or 36 months.. If he gets the gain time, he would complete his sentence in about 30 and a half months. That would mean he sould have been subject to release around July of this year.

So, something isn't adding up. While it is rare, it is possible he didn't get any or all of his gain time. If so, he'd be eligible for release between now and January 2010.

If I'm missing something, please let me know.

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!
Customer: replied 7 years ago.

Sorry I am more confused now. He was arrested January 1st 2007 and has been in custody since. He was sentenced may 2009

---- 12 months and one day ( so as to get the credit for charge 1)

---- 24 months to charge 2.

 

He is told he will get 6 mths half way house. I keep coming up with Dec-jan for his release to half way house and I just wanted some back up or verification.

Expert:  Joseph replied 7 years ago.
I apologize, I certainly do NOT want to confuse you, please let me know if there is anything you need, I will do what I can to assist and to make you LESS confused!!

The Dec - January release would be his full 3 years. His sentencing date isn't terribly important, it's the date that his incarceration began that is important, if he's been in since January 2007, then his 3 years would end in January 2010.

Florida does have a program for drug offenders that sounds very similar to what you're describing. The person is released when their time is completed and then sent to a half-way house. It's been awhile since I read the statute, but my recollection is that it's called Alternative Rehabilitation Supervision, or ARS. ARS is for people with drug charges and no violent history. Assuming he's entering ARS, the timetable would make sense.
Customer: replied 7 years ago.
i have made an error . I am so sorry . He was arrested january 1st 2008! not 2007. He was told his last 6 mths is in half way house . He didnt go in for drugs it was Itar violation.
Expert:  Joseph replied 7 years ago.
Okay, then I need a bit more help before I can assist you...

What did you mean by an "Itar" violation?

There are two types of half-way house in Florida with which I'm familar, for drug rehabilitation OR as a simple transition from incarceration back to "normal" life. I assume his is the second type, correct?

Thanks!
Customer: replied 7 years ago.

The latter -simple transition back into normal life. He already has a job just waiting for him to get out to half way house. Itar violation .. hmm brokering items on a munitions list to countries without a license by the DDTC.

Would that mean he is eligible for half way house january 2010 then there for 6mths till about july 2010?

Expert:  Joseph replied 7 years ago.
Thanks for the info....

As I mentioned in the initial post, Florida and Federal law require about 85% of the time to actually be served, this assume the person obtains all of their gain time. For your husband, that would mean full release around July, 2010.

Since the government has already indicated they intend to have him serve his final 6 months in a half-way house, that would mean a move from prison to the house around January, 2010.

Meaning, of course, your husband will be released from prison in about 5 months!

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!
Joseph and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
thank you so much for ur time. sorry if i was confusing.
Expert:  Joseph replied 7 years ago.
Not a problem! Best of luck to you and your husband! Please feel free to come back with any questions you may have and, if you haven't already, please click the ACCEPT so that I may be credited for my work.

Thank you!
Joseph and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
i accepted already it took the fee from me
Expert:  Joseph replied 7 years ago.
Thank you and, again, best of luck to you and your husband!

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