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Criminal Sentence

A criminal sentence is handed down after a criminal trial. There are several different criminal sentences available, and the facts of the case in question are what the sentence is based on. Below are several common questions asked regarding criminal sentences answered by the Experts.

What is a criminal sentence?

A criminal sentence is a declaration of punishment. Within the law, a sentence is the final fact of a judge-ruled process. The defendant that has been convicted of a crime may receive imprisonment, fines, or other forms of punishment in their criminal sentencing. Those that have multiple crimes may serve a consecutive sentence, where the time served is equal to the sum of all sentences. That or they may serve a concurrent sentence where the time served is equal to the time of the longest sentence. If a criminal sentence is reduced to punishment that is not as hard then has “mitigated” or “commuted”. It is possible that in some legal systems the accused may be punished beyond sentence terms such as loss of government benefits, social stigma or the collateral consequences of criminal charges. In the statutes of each state there is often a range of punishments that can be used for various offenses, and offers a type of criminal sentencing guidelines as to what penalty can be imposed in those ranges for a certain crime and the accuser’s characteristics.

What are the possible sentences for involuntary manslaughter from a DUI, for a person with two prior felonies on their criminal record in the state of Kansas?

In the state of Kansas criminal sentencing for involuntary manslaughter as a result of DUI may be sentenced in a range from 38 month, around 3 years, up to 172, around 15 years. If the accused has prior felonies the criminal sentence may be pushed to the upper end of this range. That being said all cases are fact dependent and are up to the judge ultimately. The more conservative the judge the more likely the punishment will be harsher, but the liberal the judge the punishment may not be as harsh.

If a person receives a 2 year suspended sentence serves 5 months is out then has their probation revoked and serves 8 more months, how much of it goes to the 2 year sentence?

If the person served 5 months and then had their probation revoked and serves another 8 months, and the time in was for the same case, then 13 months should go toward the 2 year sentence. A person gets credit for everyday they spend in jail or prison even if they are not consecutive due to release, as long as the time served is for the same case.

In the state of Idaho, what is the maximum criminal sentence for first offense unemployment fraud?

In the state of Idaho a person charged with unemployment fraud first offense may have to pay a criminal fine that is equal to 25% of the amount of money that was overpaid, as well as being unable to receive unemployment benefit for one year. Also since the first offense criminally is a felony, it can carry a punishment of up to a year in prison, it is at the judge’s discretion whether or not probation will be granted. Two to five years in prison are punishments usually for second and subsequent offenses.

When a person has a criminal sentence of prison, who determines if they are eligible for probation?

The probation board is who determines is a prisoner is eligible for probation. There are several deciding factors in play in this determination such as; good behavior or overcrowding. The probation board does not necessarily have to offer probation to any convict, probation is not a right it is a privilege.

Criminal sentences differ from state to state depending on the offense in question. Each offense’s sentence may also take into account if the convicted has any priors. This brings up many questions and the best way to get the answers that are needed is to as an Expert.
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