Expert: Robin Sexton - 1/22/2010

Question
I had a question. My boyfriend was charged with possession with intent to distribute 2nd offense non violent. His attorney advised him to take a deal for five years and he would have to do no more than 65% of that time. Now he is hearing that with the code the judge gave him he has to do 85%. Do you know if this is true or what code that is?

Answer
Sam,


Sorry abut your boyfriend and for you. These decisions are very difficult.  I am not going to be much help though.  Your are referring to specific sentencing guidelines that are different for each state.  There are also a lot of variables in these guidelines.   Your best answer is to work with your boyfriends attorney to make sure the attorney and the judge are talking the same language and that what your boyfriend heard was correct.  Sentences are hardly ever a surprise as they are worked out in detail well before they are finalized.

Good luck, sorry i can't be more helpful


robin