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Roger, Attorney
Category: Legal
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son has been senteced to 10 years for an agrivated DUI with

Customer Question

My son has been senteced to 10 years for an agrivated DUI with great bodily harm. With Truth in Sentecing this carries an 85% time served. At the time my son entered his plea of guilty and at the time of sentencing the court never informed him that 85% was manditory. Even though his lawery made reference to this, the court never did. Is he eligable for a 50/50 due to this?
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Based on Illinois law, a defendant not being informed that he/she will have to serve 85% of the sentence isn't grounds to reduce the mandatory sentence. The rationale is that a claim like this does not amount to a claim of actual innocence or a defense that could have been raised at trial. See People v. Hughes, 2012 IL 112817, ¶¶ 64-66. Here's a case that outlines this issue:

Thus, since this issue doesn't deal with guilt or innocence, the plea will likely stand.
Customer: replied 4 years ago.

This was not a question about his plea. That has not changed. It was a question about whether or not the court had an obligation to inform him about the truth in sentencing 85% and if he could be looking at 5 years and not 8.5.

Expert:  Roger replied 4 years ago.
I understand the question wasn't about a plea, but instead about the amount of time one must serve.

The law in Illinois is that a defendant not being informed isn't grounds to reduce the amount of time that must be served. That's what the case I gave you the link to says as well.

In sorry the news isn't better for your son's sake, but that's the law.