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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23533
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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TO KNOW IF AGGRAVATE FLIGHT CAN GET GOOD TIME TOWARDS THERE

Customer Question

IM NEEDING TO KNOW IF AGGRAVATE FLIGHT CAN GET GOOD TIME TOWARDS THERE SENTENCE.. AND HOW MUCH... HE WAS GIVING 30 MONTHS BUT TOLD HE HAD TO DO 65% OF THAT... SO DOES THAT MEAN HE CANT GET GOOD TIME?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: LOUISIANA
JA: Have you talked to a lawyer yet?
Customer: HE HAS BEEN SENTENCED ALREADY AND DOING TIME.... BUT GOT INTO CLASSES AND SUCH TO HELP WITH GOOD TIME.... BUT HE WAS TOLD THAT HE CANT GET GOOD TIME WITH HIS CHARGE THAT HE HAS TO DO THE FULL 65% WITCH IS 18 MONTHS.... IM JUST WONDERING IF THAT IS TRUE? HE IS IN THE CLASSES AND WE ARE THINKING THAT HE WILL HAVE 6 MONTHS TAKING OFF FOR ALL HIS STUFF AND NOW NOT SURE
JA: Anything else you want the lawyer to know before I connect you?
Customer: IF HE CAN GET GOOD TIME ON HIS CHARGE HOW MUCH IS HE ALLOWED... 6 MONTHS OR 12?
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 2 months ago.
Customer: replied 2 months ago.
are you there?
Expert:  Zoey_ JD replied 2 months ago.

Yes, I'm here and composing an answer for you. Please be patient while I compose and type it. It will take a few minutes more.

Expert:  Zoey_ JD replied 2 months ago.

I think you may be confused about what constitutes "good time." He IS getting good time off of his sentence. That's why he only has to do 65% and not 100% of the 30 months. He's being told he's not eligible for an earlier release program, but that has nothing to do with good time. He can only lose his good time if he's a problem prisoner.

If he's not, he will have to serve 19 1/2 months of his 30.

Customer: replied 2 months ago.
the classes, trustee, and now the early work release he is in now does no good for him? the work relesase program is for inmates that are getting out soon... and if he does the 19 1/2 months then he dont get out till nov 2017....
Expert:  Zoey_ JD replied 2 months ago.

Give me a few minutes to check the eligibility for work release in Louisiana.

Customer: replied 2 months ago.
he was on trustee with the parish jail.... this friday sept 30th he got transferred to the work release place.... he is still a trustee as of ride now until a job comes up and then he is labeled as residence.
Expert:  Zoey_ JD replied 2 months ago.

Here is who is not eligible for work release in Lousiana:

"E. Selection Criteria

1. Only inmates within six months of their earliest

release eligibility date are eligible.

2. Inmates must be approved by the parole board

where eligibility is based on the parole release date.

3. Inmates must have the recommendation of the

warden or appropriate nondepartment supervisor.

4.a. Inmates convicted of the following offenses are not

eligible
:

i. aggravated arson;

ii. aggravated kidnapping;

iii. aggravated or attempted aggravated rape;

iv. forcible rape;

v. murder (first degree);

vi. habitual offenders sentenced under R.S.

15:529.1.

b. Inmates, other than first offenders, serving

sentences for the following offenses are not eligible:

i. armed robbery;

ii. attempted armed robbery;

iii. attempted murder;

iv. second degree murder.

5. Inmates with arrest or institutional records which

reveal compulsive or habitual use of violence against the

person are not eligible.

6. Inmates currently requiring frequent medical

treatment are not eligible.

7. Inmates found guilty by a court or institutional

disciplinary board of escape or attempted escape within the

last seven years are ineligible.


8. Inmates who have demonstrated an overtaggressive

pattern of homosexual behavior to the extent it

would disrupt the smooth daily operation of the program are

ineligible.

9. Inmates whose institutional records reflect

consistent signs of bad work habits, lack of cooperation or

good faith, or other undesirable behavior are ineligible.

10. First offenders will have priority for work release.

Should vacancies exceed the requirements for first offenders,

selection would be made from second offenders and so on.

F. Effective Date. The effective date of this regulation is

January 1, 1979. It will not apply to inmates approved for

work release prior to that date. "

____

If Parole is looking at aggravated flight as an escape from custody, then he would not be eligible for work release. But aggravated flight is a separate statute from escape/aggravated escape. His crime is NOT on the list of ineligible crimes, and it would be up to the discretion of parole as to whether he can get work release.

Customer: replied 2 months ago.
with the good time we was thinking april 2017 witch would put him serving 12 months total... witch is 6 months good time for him.... so with april being 6 months away then that means he can get 6 months good time..... sorry if im confusing you.... if the program only takes in ppl who are getting out in 6months and they took him there... then that means we were thinking right with the good time.... right?
Expert:  Zoey_ JD replied 2 months ago.

If the program took him, then he ought to be able to get early release. Technically, his particular charge is not listed as one that would make him ineligible.

I would argue that he never escaped from custody, because he was never in custody when he committed the act. But if Parole thinks he is a flight risk because of the nature of his conviction, he would have to do the whole 65%. It will be up to them.

Customer: replied 2 months ago.
ok thanks! so we have to contact the parole board ... this is our first time in the system....never had to deal with this kind of stuff
Expert:  Zoey_ JD replied 2 months ago.

Yes. He can contact Parole, as they make the determination of who gets released. It says if he was convicted of escape he would not be eligible. He was not but he did flee to avoid being placed in custody.

Customer: replied 2 months ago.
he needs to write them? He cant call anyone that dont have money on the phones... or can i call on his behave?
Expert:  Zoey_ JD replied 2 months ago.

Yes. He can contact Parole, as they make the determination of who gets released. It says if he was convicted of escape he would not be eligible. He was not but he did flee to avoid being placed in custody. The can clarify whether they will allow for him to get out early on work release.

You can call them as well, though Parole doesn't have to talk to you.

Customer: replied 2 months ago.
ok thanks!
Expert:  Zoey_ JD replied 2 months ago.

You're very welcome.

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