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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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If you get charged with a cdv high and aggravated in S.C.,

Resolved Question:

If you get charged with a cdv high and aggravated in S.C., how long before you see the parole board?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Charged ? Or convicted? If convicted what is the sentence?

 

OR are you saying a person on Parole has been charged with a crime while on Parole and now has a revocation hearing

Customer: replied 1 year ago.

If they plead guilty to a 1 to 10 that the prosecutor offers

Expert:  Sam replied 1 year ago.

Hello

 

Parole hearing will be given at the 5 year mark.

Customer: replied 1 year ago.

Do you mean it will be at the halfway mark? If someone takes a plea of 1 to 10 through the prosecutor, then the judge rules 8 years, will the parole hearing be in 4 years?

Expert:  Sam replied 1 year ago.

Hello

I apologize and there is a correction.

Inmates incarcerated on or after January 1, 1996 may not be eligible for parole due to the Truth-in-Sentencing Bill.

Inmates incarcerated before this date may be eligible for parole after serving the required portion of the sentence. If the inmate is serving for a violent offense, he will be eligible after serving 1/3 of the sentence less any earned credits.

For a non-violentoffense, he will be eligible after serving 1/4 of the sentence less any earned credits. Some inmates may not be eligible for parole if they are deemed to be subsequent violent offenders by the legal department at SCDPPPS.

So on a 2 year sentence that could be 15 months instead of 24 but only if the sentence was before 1996. Unless the plea agreement stipulates that the offender will be eligible for parole.

Customer: replied 1 year ago.

Ok, and you are talking about South Carolina, right? So if the crime happened in 2013, the person wouldn't be eligible for parole unless it's included in the plea agreement?

Expert:  Sam replied 1 year ago.

Hello

 

Yes. That is according to South Carolina law. That is correct. If it is included in the plea agreement only for a sentence in 2013 and I suggest it be in writing.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22561
Experience: 20 years of experience practicing law.
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