da says 8 years, is that actual time to be served?
My question concerns 2 young people who are first time offenders. They have never had any legal trouble before. They are both 22 years old and are charged with RICO and conspiracy. One of them is also charged with selling ecstacy. I do not know exactly how the charge reads. The person with 3 charges has been told that the DA is offering 8 years and 5 years probation (3years + probation for 2 of the charges and 1 year for the other). Does this mean that the person would actually have to serve 8 years in prison?
1 Answer from Attorneys
Re: da says 8 years, is that actual time to be served?
You need to find out if the sentences on the individual charges are being offered concurrently or consecutively. Concurrent is all at the same time. Consecutively is one after the other. There may be some combination of both. Concurrently on the main charges and consecutively on any enhancing charges. Then of course there is good time work time credit once they are in custody. State prison is 50%. This is called 'actual' time to be served.
It's all very confusing. These young men have been in county jail or some Federal holding facility, and they fully understand it. The other folks there have explained it to them.
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