Legal Question in Criminal Law in Washington
sentencing guidelines and probation
My husband was recently told that the sum total of his incarceration and probation time is supposed to be within the sentencing guidelines. Is this true?
He was sentenced to serve 36 months + 36-48 months probation which means total time is 72-96 months (with early release at 24 months it would be 60-72 months) His sentencing guidelines were for 31-41 months. Does this mean that his sentence was outside the range? This was not an exceptional sentence.
1 Answer from Attorneys
Re: sentencing guidelines and probation
The information your husband received is correct, however, there is a separate section of the sentencing guidelines that discuss probation--in other words it is not controlled by 31-41 months--that is pure incarceration. So, his 36 months is right in the middle of a standard range. The probation is on top of that.
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