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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32342
Experience:  Began practicing law in 1992
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For JD 1992

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for JD 1992 Since you were so helpful with me I figured I'd ask you a question for a friend. She is currently facing a charge for a straw purchase and had served 10 months after pleading guilty because there where two people claiming they had puchased from her. her sentence was 23-46 months but gave her 9-16 months and has a court date tomorrow and is wondering would they make her finish out the 6 months called for at the max? also what does it mean plus or minus in court terms? do they decide on behavior?

Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.

JD 1992 :

Hello and thanks for asking for me. Also welcome back.

JD 1992 :

What type of "straw man" purchase was it? Guns?

JACUSTOMER-lhirajkd- :

im not quite sure and she is currently offline i will assume yes

JACUSTOMER-lhirajkd- :

she said 'in my evidence/discovery 2 people wrote a statement against me and said i bought it for them'

JD 1992 :

Generally the range in punishments has to do with the original crime itself and then how well she does "on the inside".

JD 1992 :

It usually means that they will do somewhere within that range.

JD 1992 :

If she has a lot of prior history then it will be at the upper end. No history means at the lower end,

JACUSTOMER-lhirajkd- :

'so i plead guilty they were gonna give me 23-46 months plus or minus 12(ask him what does that mean) they gave me 9-16months hopefully time serves cuz i did 10'

JD 1992 :

Then the better she does inside, no trouble, does what they say, etc. it will help bring the time down.

JD 1992 :

They also give credit for time served.

JACUSTOMER-lhirajkd- :

she did 10 months already what are the chances of it coming back for the additional 6

JD 1992 :

I've never heard them use the "plus or minus" language in a completed case.

JD 1992 :

Did she do 10 months after she was sentenced and an additional amount before she was sentenced?

JACUSTOMER-lhirajkd- :

she just got on let me ask, will you be around a while

JD 1992 :

I will be online most of the day and evening with occasional breaks. I'll wait to hear from you.

JACUSTOMER-lhirajkd- :

i believe she mentioned that tomorrow is a sentencing and that she's done 10 months

JACUSTOMER-lhirajkd- :

is tomorrow like a review of sentencing

JD 1992 :

She will likely have to do some more but they may start processing her for parole as soon as she goes in. The processing can take a few months to go through.

JD 1992 :

No, based on what you have stated tomorrow would be when the sentence is actually imposed. The judge could give her a flat sentence tomorrow or the range, I can't really tell form the facts which he will do. However, she won't have to do much more time (likely).

JACUSTOMER-lhirajkd- :

even as her first offense

JACUSTOMER-lhirajkd- :

sorry for being vague she hasnt been online and im on my phone again

JD 1992 :

Yes. Usually they still have to do a little time since it is a state charge rather than a local one (as evidence by a sentence of more than 12 months). Since it is a state charge she has to be paroled through the state system rather than just released by the local judge.

JACUSTOMER-lhirajkd- :

so she cam expect a minimum of 2-6 months with chance for parole

JD 1992 :

That is the most likely scenario unless they have somehow already started processing her through the state system which is possible but unlikely.

JACUSTOMER-lhirajkd- :

then why release her after 10 months

JD 1992 :

I don't understand your last question.

JACUSTOMER-lhirajkd- :

they jailed her for 10 months then released her around may , i dont quite understand why not keep her for the rest

JACUSTOMER-lhirajkd- :

just to jail her again 2 months later

JD 1992 :

I'm not sure why either, unless the times that she is giving you are inaccurate, which is possible.

JACUSTOMER-lhirajkd- :

i would think if you were jailed 10 months they wouldnt let you out early just to jail you at a later date

JD 1992 :

If the judge gave her 9-16 months then it could be that she was processed already and just doesn't know it and they are giving her full credit for all of the time and saying she has completed her sentence.

JD 1992 :

They do sometimes if there is a jail overcrowding issue or if the local jail is taking in prisoners from other counties or the federal government and being paid for housing them.

JD 1992 :

That actually happens more than you would think.

JACUSTOMER-lhirajkd- :

so possibility they are going to tell her her probation time and she'd be good to go

JD 1992 :

Did they set a bond on her when she got out?

JACUSTOMER-lhirajkd- :

well this is philadelphia so very much so a possibility

JACUSTOMER-lhirajkd- :

she mentioned bail

JD 1992 :

Yes, although at ten months it could also be they have already awarded her the "good time credit" and she has completed her sentence completely.

JD 1992 :

There is no way to know for sure without looking at all the paperwork.

JACUSTOMER-lhirajkd- :

i hear ya and i appreciate your amswers with nil information

JACUSTOMER-lhirajkd- :

i will most likely have another question when she pops up again she isnt exactly in the most stable living conditions

JD 1992 :

No problem, always feel free to come back and ask for me. I'm online for at least a few minutes almost every day so it usually doesn't take more than a day to get back to you.

JD 1992 :

If you get a chance come back and let me know what happens with her tomorrow. When I know what the judge does that will tell me what stage she was actually at.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

JACUSTOMER-lhirajkd- :

she got 5 years probation and sorry for being late

JACUSTOMER-lhirajkd- :

the consultation went ok he basically said my only options are to hope she doesnt show and they drop it or ard

JACUSTOMER-lhirajkd- :

but he said there is no possibility of jail time

JACUSTOMER-lhirajkd- :

i asked him about the screen shot he said it basically does nothing for me

JACUSTOMER-lhirajkd- :

that she would have to admit to cheating on that night to see any chance of all charges being dropped and the fact that the arresting officers said they had to arrest me regardless due to law even if it was a lie cant help me either

JD 1992 :

I'm here

JD 1992 :

I don't disagree with anything he said, it pretty much tracks what I thought. The screen shot might help if she says the right thing on the witness stand but otherwise it wouldn't.

JD 1992 :

If she admits to cheating and antagonizing you then you might be able to argue that you weren't thinking straight but the big thing is that he agrees there is little to no possibility of jail.

JACUSTOMER-lhirajkd- :

That's what matters to me the most, but I also would like this to be removed from my record as she was not injured nor did I have intention to injure her and the fact that she didn't want all of this to begin with. I'm a normal guy who's always followed the law, I've gotten like one traffic ticket my entire life. All he kept saying is that the possibility of it going away completly was near impossible unless I do ard...

JD 1992 :

The only way to be sure that it will eventually go away for good is to have a jury trial on the issue and win.

JACUSTOMER-lhirajkd- :

He said it's unwise to try to go to trail, because courts tend to side with the wife.

JD 1992 :

They do tend to do that but it isn't 100%. It is definitely safer to reach an agreement but to achieve a result where it is completely erased you may have to take the chance or live with something else.

JACUSTOMER-lhirajkd- :

I think at the end of the day ard may be my only real chance as if I go to trial he said my chances of jail time do go up.

JD 1992 :

That is correct. Anytime you have a trial you are taking a bit of a risk.