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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How much time would one serve if convicted of attempted burglary

Resolved Question:

How much time would one serve if convicted of attempted burglary and sentenced to 2.5 years and 5 years post release supervision?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello jacustomer,

On a determinate sentence you serve 6/7 of the time before you get to your conditional release date. So you'd do 25 3/4 months before you'd be released and start your post release supervision.
Customer: replied 1 year ago.

What is a determinate sentence? My friend, who has no priors, was charged with attempted burglary. Before going for the pre-sentencing interview, he was told his sentence would be 2.5 years plus 5 years post release supervision. Are you saying that he would more than likely do 25 months?

Expert:  Zoey_ JD replied 1 year ago.
Hello Tee,

New York has both determinate and indeterminate sentences. Non-violent cases are indeterminate: someone can get sentenced to 1 - 3 years of jail, for example. Violent cases have a flat sentence.

Non violent offenders become eligible for parole when they serve 1/3 of their maximum sentence. If they are turned down for parole they must be released after 2/3 of the max. The remaining 1/3 is their "good time" credit.

Violent offenses are a different story. There's no early release program for the violent felony offenders. They must all do 6/7 of the full sentence, and then they get paroled. The remaining 1/7 is their "good time" credit.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17314
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.