All my clients who look at jail time ask me, “Can I get out of jail before sentencing?”. The answer is yes, based on the parole system. For more serious and repeated crimes, the courts usually sentence the accused to so-called partial sentences.
For example, a defendant may be sentenced to 20 years in prison with a 10-year sentence. That means the accused faces 10 years in prison followed by 10 years of probation. Contact one of our experienced criminal defense attorneys in Savannah for more information and a free consultation.
Defendants can, however, be released early from prison under the probation system. O.C.G.A. Section 42-9-45 is the general law in Georgia that governs probation. Here are the general rules:
Class B crimes
Injury or risk of injury to a minor through contact with private parts may result in a minimum sentence of five years or a maximum of 20 years.
Negligent homicide, which would normally be considered homicide not prevented by fraudulent intent, carries a minimum sentence of five years and a maximum of 40 years.
What happens after your release?
Getting out of jail or jail early because of credit does not necessarily mean you are done with your sentence. You may be put on probation, which contains several rules including:
- Regular checks by your probation officer or your probation officer
- Random drug or alcohol tests
- Random Searches by your probation officer or probation officer
- Forced Labor Agency
- Housing requirements
- House arrest or curfew
- License deprivation
- Loss of rights to firearms
Eligibility for parole
The new law also states that nonviolent and nonsexual crimes are eligible for parole after serving 25 percent of their original sentence. First-time violent offenders are eligible for parole after serving 65 percent of their sentence.
Louisiana’s system for calculating inmate release dates has caused much confusion. It is not uncommon for different employees of the Louisiana Department of Justice to set different release dates for the same inmates.
Effects of criminal convictions when enlisted as a soldier
Military personnel have few options when it comes to criminal records. There are many possible consequences if you are convicted while serving in the military. For example, military service members convicted of crimes may face administrative segregation measures that may result in a dishonorable discharge. The military can enforce an administrative segregation measure whether it is your first offense.
An administrative separation is the military equivalent of your dismissal. He is not going through a trial, but his commander is initiating proceedings to have him discharged from service.
Aside from convictions during military service, criminal convictions that occur before you are drafted can prevent you from serving in the military. A routine criminal background check and security clearance will result in criminal convictions if you have them.
And if you have them, it’s better to reveal them than later to be discovered by the military and charged with fraud for concealing them. The good news is that not all felonies or misdemeanors disqualify you from duty. Much depends on belief and branch of service. The military sees no convictions, guilty verdicts, adverse sentences, diversionary programs such as pre-trial interventions or deferrals.
They are more comfortable with acquittals or outright discharges if they allow a recruit to sign in with a record. Convictions, guilty verdicts, negative sentences, diversions and stays confirm that you have committed a crime, while dismissals for lack of evidence suggest you may not have committed a crime. The military may even accept you with an arrest and charges on your record if you have not committed a crime.