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A friend was charged with criminal possession of a firearm,

Good afternoon. A friend...
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been in jail for 6 months. What is the likelihood he will go "upstate", and With good behavior, how long is he likely to be in jail? Many thanks
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11/20/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,537
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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He will be moved to a state facility from where he is being housed now. The odds of that are 100% unless there is some other reason why he'd stay in the county systerm, such as another open case. Typically, they will move him within 2 weeks.

He'd have to serve 6/7 of his sentence. He gets 1/7 off for good time.

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Customer reply replied 6 months ago
If he successfully applies for and receives a violent felony override, will that effect his sentence? (I'm asking as jail house gossip has suggested that non-violent felonies, a convicted person might serve only 6 months for every year of a sentence).. Any truth to that?

Offenders charged with a firearms offense are not eligible for a violent felony overrride.

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Customer reply replied 6 months ago
Last question ... Is there truth to the 6 months served for every year of sentence for non-violent felonies? Again, jail house gossip suggested it was s law passed in September

I am not aware of anything along these lines recently passed by the NYS legislature. Rumors like this are typical in prisons. There's a lot of wishful thinking among the inmate population.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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