Welcome and thank you for your questionI 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 ratingCharged ? 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
If they plead guilty to a 1 to 10 that the prosecutor offers
Parole hearing will be given at the 5 year mark.
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?
HelloI 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.
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?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).