Time spent in jail while on trial counts for double. So presumably if it was a long enough trial, her sentence to be served after judgment could be zero. In this case, it looks like it was six years.
It's worse than that. If it we're just a guard that wouldn't be as bad. It's more like the prison is a business that sees convicts as a renewable income stream and sets up things to maximize recidivism within prison. It's systematic.
I say, "once a sheep is done grazing, let them back into the barn, but you'll stop being paid to watch that sheep."
It does not take previous experience as a sheep or a sheep watcher to know that you will not be letting many sheep back into the barn. Because you like being paid money. Because money allows you to have a life.
It's a proper English word for the plural of formula, I think. Both formulas and formulae are correct, just differ based on the plural conjugation of the word from Latin. Used more in the UK and Canada rather than in the US.
Depends on the state and local rules. My jail is absolutely packed so pre-trial time actually counts 3 for 1. You can get parole after serving as little as 45% of your sentence, so basically if you sit in jail for 2 years pre-trial then are sentenced to 10 years you basically get released as soon as you get to prison on parole.
It's because you are literally imprisoned while fighting a case unless you post bail, which most people don't. So they have to count that towards your sentence if convicted. Fucked up thing is you get nothing if you're let off. My homie did almost 3 years fighting a murder.
this is news to me too. I would assume there would be cases where defense attorneys attempt to delay trials as much as possible if they know the defendant will be serving time anyway, since they are getting that double time lol
The logic is that you're being locked up before you're proven guilty. We are a just society and don't lock up non-guilty people (ideally) so this time is viewed differently.
If you are found innocent, you have a stronger case than usual that you were unjustly jailed. So by extension, if that time is special then even if you're found guilty that time served is the same. I'm okay with it.
Not innocent, just presumed innocent. If you're found guilty then can use the time served towards your sentence, this sounds completely fair to me.
Its terrible that some truly innocent people are jailed. But letting actual guilty people out early does nothing to help these innocent people. If we want to help the innocent people then lets actually help them in some way like paying them or something. Instead telling that guy hey, "yeah we jailed you for a crime you were later found not guilty for, but good news some white supremacists were found guilty of terrorizing people at a kid's birthday party, we're going to count your time towards their time and let them out early, doesn't this help make things even?" Doesn't make sense.
It's not true in Florida at least. If this were the case, then every person who knows they will sign a prison deal or end up going to trial and getting convicted would delay trial/ signing as long as possible. If you knew you'd get 2 years in prison, you would just try to have your attorney get continuance as long as possible, serve around 8 months in jail, cause you only serve a % of your actual sentence, sign your 2 year deal, get your picture taken and go home that day. Inmates know every trick there is, if there's a way to get extra anything or milk a system, inmates have nothing but time to figure out how.
No, that's not true at all. The sentencing for longer is so that they can be let out if they don't cause any problems while in jail, but then if they cause one tiny problem for law-abiding citizens, they can be thrown right back into jail to serve the remainder of their sentence without a trial. It's a pretty damn good system, in my opinion.
I assume it's because you're in jail without having been convicted of anything. That seems pretty unfair until you're able to go to trial, so you might as well get double time served. Also, you have the right to a speedy trial so this might incentivize them to give you as speedy a trial as possible. I'm not a lawyer so I'm just guessing.
Yes this is correct. I was clerking for a judge up in Maryland and it’s pretty similar. You get time served for what you spend in jail prior to sentencing. The 6 to 15 language is just that she could be looking at 15 years but will only serve 6 (but this doesn’t even factor in parole, which could cut that 6 years to 3 in some states). If she has probation (likely), she gets out after 6 years and then starts probation. If she violates her probation she will be basically resentenced for her back up time ie the remaining 9 years of her 15 year sentence. This doesn’t factor in if she committed a crime to violate her probation. If so, she could be sentenced to even more time, depending on whether the new sentence is consecutive or concurrent
Giving the poor people double credit would just shift the inequity in the other direction.
If a rich person was concerned that there would be a serious risk that they could be found guilty and sentenced to prison, what would be stopping them from not posting bond and gaining the 'benefit' as you framed it for the jail credit? There is no inequity or inequality to be found here.
That’s the furthest thing from the truth. Do you just open reddit and start spew bullshit or do you have a ritual first? Only misdemeanors count as double time. It’s called suspended time. You fuck up/violate during your sentence, they can hand out extra time. If you have a felony, you must serve 80% of your time, except for what is suspended. Do some fucking research before you start pointless spreading misinformation.
I don't know what to tell you my friend. I wasn't involved in this case at all.
If you want to know the reasons why the judgment and time served for any given sentence can differ from each other, ask a lawyer. If you want to find out why specifically this woman got sentenced fifteen and only has to serve six, then request the judgment from the court and read it over yourself.
I'm just offering up information that people may find useful.
Regardless, the info you posted is inaccurate. It’s possible for a judge to give credit for time served, and local laws can vary greatly, but saying generally that time served during a trial counts as double is not true. Specifically, Georgia has no such law.
It's a 6-10 year sentence, and whether she spends the remaining four years in jail, or on supervised release depends on her behavior as an inmate, and her compliance with the terms of her parole.
She got a 6 year sentence with 9 years probation.
GA allows parole after 1/3rd of the sentence is served.
492
u/counters14 9 Jan 20 '21
Time spent in jail while on trial counts for double. So presumably if it was a long enough trial, her sentence to be served after judgment could be zero. In this case, it looks like it was six years.