Legal Question in Criminal Law in New York

Re: state time

A 1-3 sentence is not so bad. Did your guy get any credit for time served? If he was on Rikers Island awaiting trial, rather than being out on bail, he should get credit against his sentence.

Also, this is what they call an "indeterminate" sentence, which means he could serve anywhere between one and three years depending on a lot of factors, mostly how he does while in jail. DOCS has some discretion there.

So, his sentence means at a minimum he'll do one year, but he may be able to take off time for 1) time already served, and 2) merit time he can build up while he's upstate.

Merit time is basically time off for good behavior, getting a GED, getting alcohol/drug training, getting vocation training, etc.

According to DOCS, the merit time on an indeterminate sentence can be 1/6 the minimum term. One-sixth of the minimum on a 1-3 (one year) is two months, so merit time could knock a couple months off in addition to any time served.

So, tell your guy to be good.

In the meantime, you can use the inmate lookup feature on the DOCS website, which will show you the parole eligibility date. Here's the link: http://nysdocslookup.docs.state.ny.us/kinqw00

Re: state time

You have been misinformed. If you are sentenced to 1 to 3 years, you must serve a minimum of one year incarceration before being eligible for parole.

The 8 months you mention only applies when the sentence is one year, straight time, not a 1 to 3 sentence. You would serve only 8 months of a 1 year sentence because 1/3 of the time is taken off for GOOD BEHAVIOR (staying out of trouble in jail or prison).

With a 1-3 sentence, and good behavior, you would only serve a maximum of 2 years; the last third (1 year) of the 3 years would be deducted.

James S. Kats, Esq. [email protected]

Re: state time

this depends... here is the best answer anyone can give you...

when you are taken into the state prison system, you are given two months of what is called 'good time' for every year... so if you are scheduled to do one year, you will be released after ten months if you have no incidents inside... this however is on determinate sentencing... where your sentence is a specific number - such as 1 year, 5 years, etc...

on non-determinate sentencing, such as 1 -3 years... you generally must serve the minimum before qualifying for release...

much luck