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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.