Ga Drug Sentencing guidelines

Previous | Next
 rated by 0 users
Latest post 12-12-2006 2:28 PM by Ford. 2 replies.
  • 12-11-2006 11:29 PM

    Angry [:@] Ga Drug Sentencing guidelines

    My nephew was arrested in March of 2003, charged with 26 grams of meth and 18 oxycotins.
    He finally took a plea bargain where they reduced his charges. Possession of Meth and Possession of Narctic. He plead guilty to these charges with the D.A. agreeing to reduce the quantity of the meth so it wouldn't be a class 5 Felony. THey sentenced him to 5 years on each charge to run concerent. He was then sent to boot camp after doing 16 months in the county jail. After spending a couple of months in boot camp diagnostics he was woke up in the night and told he was being moved to Prison because of the severity of his crime.
    Now in prison he expected to be released after 20 months but now they are saying he cannot parole until Jan 2008 because of his charge. Is this possible? If the judge sentences him to do a certain amount of time how can they change it after a plea bargain? I mean, if they had told him he would be classified as a class 5 felon he would have took it in front of a jury. Someone please help.
  • 12-12-2006 10:13 AM In reply to

    Feedback [*=*] re: Ga Drug Sentencing guidelines

    >>>>If the judge sentences him to do a certain amount of time how can they change it after a plea bargain?

    The gneral rule is that they cannot. Of course, there is always the possibility that there is something about the plea agreement that you do not know or underwstnqad. You should consult with local counsel.

    >>>>I mean, if they had told him he would be classified as a class 5 felon he would have took it in front of a jury.

    Again, only a local attorney with knowledge of your state's laws can assist him. If he used the PD, contact them.
  • 12-12-2006 2:28 PM In reply to

    Feedback [*=*] Why would he expect to be released after 20 months . . .

    When the judge gave him 5 years?

    The unfortunate fact is that most people in prison aren't facing reality. When you get 5 years, you should expect to do 5 years UNLESS you get good time, or parole, or whatever.

    Inmates hear what they want to hear. I suspect he was eligible for parole after 20 months. A BIG problem with doing 16 months county jail and then a couple months boot is that the prison will have had him for only a handful of months, and likely cannot evaluate him in a productive manner with regard to parole. That means they keep him in longer.
Page 1 of 1 (3 items) | RSS

My Community

Community Membership New Users: Search Community