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My son was sentenced to 9 months and 3yrs probation in

Hello, My son was sentenced...
Hello, My son was sentenced to 9 months and 3yrs probation in federal prison. Will he have to complete the whole 9 or does the 85% rule apply to him?
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Answered in 12 minutes by:
6/16/2017
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,799
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, for sentences less than 1 year, most all of them would end up serving the whole thing because of the length of sentence and the 85% rule is applied to sentences above 12 months.
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Customer reply replied 8 months ago
really.. in your experiences what would be the likely hood that he would be sent to a halfway house or a camp? it was non violent and he doesnt have a criminal history ?
Thank you for your reply.
Actually, his attorney could ask for 9 months in halfway house and if space is available that is an option. Also for sentences of less than 12 months, house arrest with monitoring is possible. His attorney needs to file a motion and ask for those alternatives to jail. If not, most all the time he would at least be sent to a minimum security facility.
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Customer reply replied 8 months ago
Ok this can be done even though the sentencing has already been set by the judge?

His attorney can motion the court any time before he has to start serving his sentence.

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Customer reply replied 8 months ago
Ok hes not due to turn himserelf in until Sept , I will have his lawyer request this process thank you!!!

Thank you for your reply.

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Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,799
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Law Educator, Esq.
Law Educator, Esq.
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