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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111459
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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my son was charged with dui in the state of ct. This is his

Customer Question

my son was charged with dui in the state of ct. This is his 3rd dui the other 2 in the state of N.Y. He served 6 months in N.Y. for the 3rd dui because he violated his probation. Now he is serving one year mandatory and 3 months for a failure to appear. Total 15 months. The charges should run concurrently according to the Judge that sentenced him. He has served 8 months so far. Why can't he be considered for early release program signed by Gov. Malloy in January 2012?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Nate replied 4 years ago.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

Just to clarify, he is currently serving two sentence, one from Connecticut and one from New York?
Customer: replied 4 years ago.
no. He has already served his 6 month sentence in N.Y. He is now serving his 15 month sentence in connecticut. He has served 8 months of his 15 month sentence so far.
Expert:  Nate replied 4 years ago.
The early release program allows non-violent offenders to receive up to an extra five days of jail credit per month served. That means he could get out around two months or so early. So, he may be earning those credits, but he would still have some time left to serve, even with the early release credits.

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Thank you,
Nate
Customer: replied 4 years ago.
My son received 12 months mandatory for the dui charge and 3 months for fta charge, hence 15 months to serve. However, the FTA sentence is noted in his minamiss after the 12 month dui sentence. If the minamiss was stated as 3 month FTA and 12 month mandatory for DUI he could be eligiable for early release.Can't we change the minamiss to FTA first and DUI as second? Then he would be eligiable for early release.
Expert:  Law Educator, Esq. replied 4 years ago.
I am sorry, your previous expert has opted out. Your previous expert was correct regarding the calculation of the time for your son's early release I am afraid. Generally, under the early release program he would receive the 5 days credit for each month served, so he is looking at getting out about 2.5 months early (serving about 12.5 months total), the longest sentence is served first and the shorter second, they do not just change them around. Also, they will look at the whole sentence and all of the time served here and this is where the calculation for good time would take about 75 days off of his total sentence.

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