the state offered me 16-72 months in prison what kind of deal csn my lawyer work out

by Prof. Alberta Brekke 4 min read

Are there drug rehab programs available for prisoners with shorter sentences?

The federal Bureau of Prisons also has a 12-week nonresidential drug abuse treatment program available for inmates with shorter sentences so may not meet the criteria for RDAP.

Will the Bureau of prisons give me any credits for pending charges?

HOWEVER, if a pending charge or a detainer shows up in the Bureau of Prisons’ computer system, the Bureau of Prisons will not and can not give any of those credits.

How to help an inmate that is being released from prison?

Help for Inmates That Are Being Released From Prison 1 Housing Assistance. Unless an inmate has a family to go home to, one major problem for an individual just released from prison is having a place to live. 2 Career and Vocational Training. ... 3 Employment Assistance. ... 4 Mentoring and Spiritual Guidance. ...

Can I go to work after being sentenced to jail?

Even a defendant sentenced to serve time in jail may have some options. A judge can order work release, which will allow the defendant to leave the jail to go to work and return after work hours.

What are the 3 types of plea bargains?

– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

Which of the following are rights commonly waived as a result of plea bargaining?

Plea bargaining does require defendants to waive three rights protected by the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.

What is an example of plea bargaining?

The defendant pleads to a crime that's less serious than the original charge, or than the most serious of the charges. Example: The prosecution charges Andrew with burglary, but he pleads guilty to trespassing and the prosecution dismisses the burglary charge.

What happens when the prosecutor does not follow through with a plea bargaining offer after the court accepts the bargain?

In most cases, the prosecution has until the plea deal is sealed in court to back out. Courts treat plea agreements between prosecutors and defendants like contracts: Each party must live up to its end of the bargain, and failure to do so is a breach.

What percent of cases end up in a plea bargain as opposed to going to trial?

While there are no exact estimates of the proportion of cases that are resolved through plea bargaining, scholars estimate that about 90 to 95 percent of both federal and state court cases are resolved through this process (Bureau of Justice Statistics, 2005; Flanagan and Maguire, 1990).

What is the downside of plea bargains?

Innocent defendants pleading guilty: The biggest drawback to plea bargaining is that innocent defendants decide to plead guilty to lesser charges to avoid the risk that they will be found guilty at trial. Despite being innocent, these people now have criminal convictions on their records.

What is the most common plea bargain?

Charge bargainingCharge bargaining is probably the most widely known type of plea bargaining. A common example is a defendant charged with murder and facing decades in prison. In this case, the prosecution might offer to drop the murder count and have him or her plead guilty to manslaughter.

Which of the following are requirements for a valid guilty plea?

Which of the following are requirements for a valid guilty plea? It must be voluntary.

Is plea bargaining fair to the victim?

Plea bargains allow victims to avoid testifying in court, which may be frightening or upsetting, especially for victims of violent crimes. Some victims also appreciate the certainty provided by plea bargains; they need not worry about the emotional trauma of dealing with the acquittal of someone they feel is guilty.

How does a plea bargain work?

Basically, in a plea deal, an accused person may agree to plead guilty to a charge and forgo their right to be assumed innocent in a trial in exchange for a recommendation of a lesser sentence, a lesser charge, or for omitting facts that could be detrimental to your case.

What are the advantages of plea bargaining?

A lesser charge, lighter sentence, and getting everything over with quickly are some of the benefits of negotiating a plea. For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.

What are the pros and cons of a plea bargain?

However, they must also be aware of the disadvantages.Advantages. Here are a few of the advantages for criminal defendants who accept a plea bargain:Lighter Sentence. ... Reduced Charge. ... The Case Is Over. ... Disadvantages. ... Avoiding Problems with Prosecution's Case. ... No “Not Guilty” Result. ... Possibility of Coercion.More items...

How to reduce prison sentence?

If you talk to another criminal, either in prison or out, and he gives you information about another crime, sharing that information with a prosecutor can get your prison sentence reduced. Any information you share within one year of being sentenced can be helpful in reducing your sentence.

Who must file a motion for a reduction in prison sentence?

Work with the Director of the Bureau of Prisons. Federal law requires the Director must file a motion on your behalf seeking a reduction in your sentence.

What happens if you violate a commutation?

Violation of any of the conditions of your commutation usually means your commutation will be revoked and your original sentence will be reinstated.

How to get a commutation of sentence?

Fill out the form to petition for a commutation. Both state and federal governments have forms you can fill out to petition either the president or the governor of the state for a commutation of your sentence.

What happens if you provide information to the prosecutor about a crime?

If you provide information to the prosecutor about a crime, they will file a motion to have your sentence reduced. Alternatively, you may be entitled to commutation, which is when the president or state governor decide to commute a federal or state sentence respectively.

How to get your sentence reduced?

One of the most common ways to get your prison sentence reduced is to behave appropriately and follow all the rules while you are incarcerated. Many states have instituted "earned time" or "good time" credits that allow lower-risk prisoners to be released early.

What is Federal Rule 35?

Federal Rule 35 and corresponding state rules provide for your sentence to be reduced if you give information to the state about other crimes.

How long does it take to get a felony conviction?

Murder or Class A felony: none; most other felonies: 5 yrs.; sexual abuse, exploitation, or assault: 30 yrs. after victim reaches majority or 5 yrs. from date victim notifies law enforcement, whichever is earlier; special provisions apply when forensic DNA evidence later identifies the perpetrator

How long is a state prosecution pending?

Continuously absent from state or no reasonably ascertainable residence or work within the state, while prosecution is pending: maximum extension 4 yrs.; prosecution pending

How long does it take to get a felony for murder?

1st or 2nd degree murder: none; other felonies in 1st and 2nd degree: 6 yrs.; all other crimes: 3 yrs.; except if offense included official misconduct, fraud or breach of fiduciary trust: max. 9 yrs. felony, 6 yrs. misdemeanor

How old do you have to be to be a sexual misdemeanor?

Sexual misdemeanors: sexual abuse in the 3rd degree or sending, furnishing, exhibiting or displaying obscene materials to minors: 4 yrs. after the offense is reported or if victim is under 18 yrs. old, upon turning 22 yrs. old, whichever occurs first

How long is the statute of limitations for a level 3 felon?

Some states classify their crimes in categories for these purposes. In Indiana, for example, Level 3 felonies have a five-year statute of limitations. This makes it necessary to look up which crimes are considered Level 3.

How long can you stay absent from state?

Continually absent from state, no reasonably ascertainable work or abode in state: maximum extension 3 yrs.

How long is a murder felony?

Murder, Class A, B, or C felony: none; most other public offenses: 7 yrs.

What to do if an inmate is at a private contract facility?

If the inmate is at a private contract facility, contact that facility or the contract operator for instructions on how to send funds.

What to do if a correctional issue remains unresolved?

Contact the state Department of Corrections office if the issue remains unresolved.

What is the BOP in prison records?

Federal Prison Records 1982 - Present. The Bureau of Prisons (BOP) maintains records of federal prisoners released after 1982. You can use the Inmate Locator to find out when a prisoner was, or is expected to be, released. To learn more about an inmate, submit a Freedom of Information Act request to the BOP.

How to find out if someone is in prison?

You can look up inmates in two ways: First and last name (required) and middle name, age, race, and sex (optional) Inmate number from the: Bureau of Prisons (BOP) Register.

How many hours can you visit a federal prison?

Visit a Federal Inmate. Each prison sets its own visiting hours. By law, an inmate gets at least four hours of visiting time per month. If you have a question about a particular prison, contact that facility directly. Review information on visiting a federal inmate to ensure your visit is a success. For further information, contact the Federal ...

Where are the records of Alcatraz?

The National Archives and Records Administration maintains early prison and prisoner records. It has indexes of inmates once held at Alcatraz, Leavenworth, and other federal prisons. Search by name for former inmates at each location to see if they served time there.

Can you file a complaint about a prison policy?

You can file a complaint about a prison, policy, or procedure. You can also file a complaint about claims of abuse.

What can a judge do for a felony?

A judge can also impose these alternatives for felony sentences , such as felony property damage, theft, or embezzlement, especially where an offender is younger and more vulnerable to influence. The judge can sentence the offender to pay a fine to the government, pay restitution to the victim, perform a certain number of community service hours, ...

What happens if a defendant leaves probation?

If a defendant leaves the program or does not comply with its conditions and rules, the judge can revoke the alternative sentence and send the defendant to jail or prison.

What is house arrest?

House arrest is an alternative available to some offenders, which allows the offender to serve a jail or prison sentence living at home with electronic monitoring. The most common form of house arrest involves the defendant wearing a monitoring device on his ankle known as an "ankle bracelet.".

What does it mean when a sentence is deferred?

Deferred sentence. A deferred sentence generally means that the court defers imposing a sentence until the defendant has an opportunity to complete probation. The result of a deferred sentence varies.

What can a defense attorney do in a criminal case?

In negotiating a plea agreement with the prosecutor in a criminal case, a defense attorney can try to secure a sentencing agreement that includes an alternative plan to jail or prison time, especially in cases involving less serious crimes and crimes that do not involve violence. If a defendant was convicted at trial, his attorney can attempt to reach a sentencing agreement with the prosecutor or appeal to the judge to use incarceration alternatives.

What happens when a judge imposes probation?

A judge imposes probation after the defendant pleads or is found guilty. Once convicted, the judge will defer or suspend the defendant's sentence.

What happens if you defer a sentence?

In some cases, if the defendant successfully completes probation, the judge dismisses the case and the defendant has no criminal conviction on his record for that case. In other cases, the judge might reduce the conviction from a felony to a misdemeanor.

What happens when prison authorities ignore a court order to release a prisoner?

It happens. Prison staff stop caring about the people they oversee.

What does DiCello believe about prison?

The DiCello Law Firm believes that when a prisoner is ignored and made to sit in prison beyond the day when they were to be released, basic human decency, if not fairness, demands that the prisoner be compensated.

What is civil rights lawsuit?

The federal government and all states have laws that allow the wrongfully detained to make a claim for compensation. To find out what the laws are and what you can do for a friend or family member who is being illegally held beyond their release date, contact The DiCello Law Firm.

Do prison staff look in files?

They don’t look in their files and do simple tasks, like check to see that a prisoner is properly scheduled to leave. And to make matters worse, in a few instances, the prison staff acts to deliberately harm the prisoner. The prisoner sits and jail, precious days of their life fading away.

Is it legal to go to jail for wrongdoing?

Taking on a prison system for wrongdoing is not easy legal work. The DiCello Law Firm investigates and prosecutes these kinds of cases for the falsely imprisoned and illegally confined.

How long can a prosecutor hold you in jail?

In order to hold you for longer than 72 hours (not including weekends or holidays), the prosecuting attorney’s office must file criminal charges. They have up to 72 hours to file charges on people detained in jail by the police | judge, or a person must be released. If 48 hours have elapsed, this means the prosecuting attorney’s offices only has ...

When will a felony charge be announced?

When clients are being held on a felony investigation, this charging decision will be announced in open court the day after the 48 hour probable cause hearing . Our office will generally try to find out whether someone is on this calendar an hour or so in advance when the docket becomes available; but, sometimes this information is not available until court.

How many hours does a prosecuting attorney have to do a case?

If 48 hours have elapsed, this means the prosecuting attorney’s offices only has another 24 hours to do so (However, keep in mind computation of the 72-hour period shall not include any part of Saturdays, Sundays, or holidays).

How long does a prisoner get credit for?

Under the rules that govern how sentence credits are given by the Federal Bureau of Prisons, an inmate normally receives credit for the time he served in jail before sentencing, receives credit for up to 54 days per year for good time, and even up to one year off for participation in a drug treatment program (RDAP) in some cases. ...

How often should an inmate check up on pending charges?

If not, the inmate should check up on it every six months to a year to make sure that none show up. If a pending charge shows up in the system then the Bureau of Prisons can retroactively take away all sentence credits past and future! This also happens. If the counselor, case manager, or unit team leader says that there is a pending charge ...

How to get a pending charge dismissed?

An experienced attorney can take all of the information about the pending charge, and, in most cases, get all of them dismissed or otherwise disposed of such that they will no longer be pending . The attorney will then provide the required information to the Bureau of Prisons, who will then remove the pending charges or detainers from their system. As soon as all of this is done, the counselor or case manager will re-calculate the projected release date, which will often result in a HUGE reduction in the amount of time the inmate has left to serve. In some cases, inmates who have served many years on their sentences already will find that their release date is now just around the corner instead of several years down the road!

What is a detainer in prison?

A detainer may stem from a state charge or even a state investigation in which no charges have even been filed. (This is different from an immigration detainer.) A state agency normally notifies the Bureau of Prisons or a national computer database that a matter is pending, regardless of the progress of the matter to that point. Thus that agency is notifying the world that as soon as the federal system is done with that person, this agency wants him or her. The Bureau of Prisons then treats the detainer the same way that they treat a pending charge.

What is pending charge?

Pending Charges or Detainers. This is an area of the law that many attorneys are not familiar with, and so do not know to check or advise their clients about. The result is sometimes that a defendant serves YEARS more time in prison than is necessary, all because of a simple oversight or just not knowing that something can be done.

How often should an inmate check their computer?

If not, the inmate should check up on it every six months to a year to make sure that none show up.

What happens if a state charge is never disposed of?

If that state charge is never disposed of either with a conviction or a dismissal, then it could remain “pending.”. Other times, a defendant is awaiting the conclusion of a state charge when he or she is picked up on an unrelated federal charge. The federal case proceeds, and nobody ever does anything with the state case because it is not worth ...

How long can you go to jail for forgery?

For instance, if the law requires that a person convicted of a second offense of forgery involving more than $10,000 serve a mandatory minimum of one year in prison, the judge must impose that prison sentence but also may sentence the defendant to two more years in prison and suspend that portion of the sentence.

What happens if a defendant is convicted of a crime?

If a defendant is convicted at trial, the defense can request that the judge impose a suspended sentence. If the defendant is convicted or pleads guilty to a particularly violent crime or has an extensive criminal history, the prosecutor is less likely to agree to and the judge is less likely to impose a suspended sentence.

What happens when a person is placed on unsupervised probation?

When a defendant receives a suspended sentence and is placed on unsupervised probation, the court usually will impose some conditions on the defendant such as no new arrests, obeying all laws, no drugs or alcohol use, and a requirement that the defendant not leave the state or the county.

What happens when you get a suspended sentence?

When a defendant receives a suspended sentence and is placed on unsupervised probation, the court usually will impose some conditions on the defendant such as no new arrests, obeying all laws, no drugs or alcohol use, and a requirement that the defendant not leave the state or the county. The defendant will be expected to abide by these conditions without being required to report to a probation officer. This kind of sentence is common in misdemeanor cases.

What is supervised probation?

A defendant placed on supervised probation will be required to comply with the terms of supervised probation, which can include reporting to a probation officer as directed, complying with a curfew, submitting to random drug testing, no new arrests, maintaining employment, no weapons, no association with known criminals or felons, and possibly treatment such as counseling.

What can an attorney do for you?

An attorney can assist you in addressing your sentencing options if you are convicted or decide to plead guilty to a crime. Contact an attorney as soon as you learn you have been charged with any crime so that you will have representation throughout the entire criminal process.

Can a judge suspend a sentence?

If you are convicted at trial or plead guilty to a crime for which the judge can sentence you to jail or prison, the judge can suspend all or part of the sentence and place you on probation (supervised or unsupervised). A suspended sentence can be an excellent alternative to serving a lengthy jail or prison sentence.

What is the problem with being released from prison?

Housing Assistance. Unless an inmate has a family to go home to, one major problem for an individual just released from prison is having a place to live. The National Reentry Resource Center has a nationwide database of transitional housing, sober living homes and even affordable housing available to ex-prisoners.

What is the rising rate of prison release?

According to the advocacy group, Consensus Building Institute, the rising rate of prison releases is becoming a major concern for agencies that are directly involved in the reintegration process. It drains their resources.

Why is the second chance law important?

To help in the efforts, the federal government signed the Second Chance Act into law on April 9, 2008. The purpose of the law is to allow the public and private agencies to get funding from the federal government to provide assistance to the ex-offenders.

What is Career One Stop?

Its goal is to provide opportunity to ex-offenders to learn or update their skills, further their education and develop their careers. The department partners with community colleges and training centers to provide affordable education to individuals who come out of prison.

When was the Second Chance Act passed?

To help in the efforts, the federal government signed the Second Chance Act into law on April 9, 2008. The purpose of the law is to allow the public and private agencies to get funding from the federal government to provide assistance to the ex-offenders.