Legal Question in Criminal Law in New York

any time off for a 6 month sentence

my father was arrested two years ago did 24 days and was out on bail. was sentenced to 6mths and voluntarily surrendered 3/31/06. Was given credited for 24 days and when i checked inmate locator projected release daye is 9/6/06. Is there a chance he will be home an earlier? People say he will get 10% off of his sentence. Is there some truth to that? Please let me know.


Asked on 7/08/06, 6:37 pm

1 Answer from Attorneys

Re: any time off for a 6 month sentence

The general rule in New York City is that you get one-third off a sentence of one year or less. Therefore, your father should have to serve 4 months on a 6 month sentence. With credit for the 24 days, he should have to serve a little over 3 months and therefore he should have been release by now. You should check with the prision to see if this 2/3 rule applies and/or check with your father's attorney. I think the 2/3 comes from the Corrections Law but I'm not sure. It would not make sense that it applies downstate but not upstate.

This reply is provided for informational purposes only and is not to be relied upon. There is no attorney-client relationship between myself and any reader of this communication.

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Answered on 7/09/06, 9:07 am


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