How Much of a Federal Sentence must be Served?

How Much of a Federal Sentence must be Served?

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Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357


Call Today! 24/7
“FROM ARREST TO TRIAL “

How Much of a Federal Sentence must be Served?

You will serve almost all of your sentence.  There is no such thing as parole in the federal system for all crimes committed after November 1, 1987.  If your sentence is longer than one year, you might qualify for a small reduction for “good time” which is earned at the rate of 54 days for every year of the sentence.  Although the statute that governs good conduct time, 18 U.S.C. § 3624(b), states that prisoners may earn up to 54 days per year, the Bureau of Prisons (BOP) awards a maximum of 47 days for each year of the sentence imposed.

In addition, you may spend the last 10 % of your sentence, up to 6 months, in a community corrections center, or “half-way house.”  The recently passed Second Chance Act requires the BOP to issue regulations allowing prisoners to be placed in community corrections centers for up to twelve months, but the BOP has not yet issued such regulations.  Not all inmates are eligible for half-way house.  For example, those with immigration or other types of detainers are ineligible, as are sex offenders.

Time calculation is complicated.  You will generally receive credit for every day you spend in “official detention” after the offense for which you were convicted as long as those days were not credited toward another sentence.  Unfortunately, the definition of “official detention” is not always clear.  For example, time in a halfway house or in home confinement is not counted.  The basic rule is in section 3585(b) of title 18 of the United States Code, but this is an important issue to discuss with your defense attorney because it is so complicated.  In some instances, an attorney may be able to persuade a court to adjust the federal sentence to account for any potential discrepancies between the credits that the Bureau of Prisons will count, on the one hand, and the time the judge thinks should count on the other.

If you were in state custody and were brought into federal custody pursuant to a “writ of habeas corpus ad prosequendum,” the federal Bureau of Prisons (BOP) will generally only give you credits against your federal sentence if you did not receive state custody credits.  But if you were in state custody and the state dropped charges in favor of a federal prosecution, you will probably receive credits against your federal sentence even for the time you spent in state custody before the federal charges were filed as long as that time in custody occurred after the offense for which you were convicted federally and as long as you did not receive credit in the state against another state sentence.

Time spent in immigration custody may or may not be considered “official detention.”  It is important to discuss this issue with your individual attorney so he or she may attempt to work out a resolution that will result in the time being credited.

The initial appearance in magistrate court is not, ultimately, determinative of how your time is counted.  What is important is the question whether you were in “official detention.”

Usually you will get credit for all of the time you have been in custody while facing a federal charge.  There is an exception when you are serving another sentence either in state or federal prison.  For example, if you were in state custody and were brought into federal custody pursuant to a “writ of habeas corpus ad prosequendum,” then the federal Bureau of Prisons (BOP) will generally only give you credits against your federal sentence if you did not receive state custody credits.  But if you were in state custody and the state dropped charges in favor of a federal prosecution, you will probably receive credits against your federal sentence even for the time you spent in state custody before the federal charges were filed as long as that time in custody occurred after the offense for which you were convicted federally and you did not receive credit in the state against another state sentence.  Because this issue is so complicated, it is important to discuss any possible credits issues with your attorney before you are sentenced.

In some instances, an attorney may be able to persuade a court to adjust the federal sentence to account for any potential discrepancies between the credits that the Bureau of Prisons will count, on the one hand, and the time the judge thinks should count on the other.

Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355


Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

“FROM ARREST TO TRIAL “

                                           KNOW YOUR RIGHTS!

         My goal is to represent my clients as I would want to be represented, always putting their interests first, diligently working to fully understand and serve the clients’ needs. In short, to do whatever it takes for the successful resolution of the
clients’ causes.
         If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.

Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.

Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life.  Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. “I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with.”

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:

   * Florida Bar since 1991
    * Broward County Bar Association
    * Association of Trial Lawyers of America -ATLA
    * Federal Bar
    * Federal Court -Southern and Middle Districts of Florida
    * Supreme Court of United States
    * 4th District Court of  Appeals
    * 11th Circuit Court of Appeals
    * United States Tax Court


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