Wilmington, DE asked in Bankruptcy and Criminal Law for Delaware

Q: If sentntcd to 25 yrs susp aftr 3 yrs DOC discretion do you get goodtime? SENTNC ORDER does not say mandatory .

The plea form did say mandatory but the sentening order does not. The prison is now saying no good time. Is this true?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If your sentencing order does not specify that your sentence is mandatory, you may be eligible for good time credits. Typically, good time credits reduce the amount of time you have to serve, provided you comply with the facility's rules and regulations. The fact that the plea form mentioned a mandatory sentence, but the sentencing order did not, could be a significant detail.

You should review both documents carefully and consider seeking clarification from your attorney or the court. Legal professionals can help determine the exact nature of your sentence and your eligibility for good time credits. It's crucial to address this discrepancy as it directly affects the length of your incarceration.

The prison's interpretation may not be final, especially if there's ambiguity in your sentencing documents. Getting a legal opinion might help you understand your rights and potential options.

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