My boyfriend has an appearance for sentencing, is there a chance they can give him time served since his been in jail? 8 Answers as of February 16, 2012

Yes, and the court probably will, but sentencing is a matter left up to the judge. I hope that his attorney would surely request time served.

These are the hardest questions for an attorney to ask as we don't know any of the facts of the case. The legal answer is that it's possible depending on the nature and facts of the new conviction and prior conviction. The best person to answer this is his current attorney.

The answer depends on the type and class of the felony to which he pled guilty and any prior felony conviction he may have. Most of the time, a person will know what his sentence will be since it is part of the plea bargain. Here you are not clear on these issues.

Yes. The PO and state attorney are not the judge. Judge can sentence him as he/she sees fit to a maximum of what he could have gotten for the crime he plead to.

Generally the court goes along with the recommendation of the probation department but not always. However even if he gets sentenced for more than 8 months , he should be given credit for those 8 months. He should hire an attorney to negotiate a favorable plea bargain or go to trial or otherwise defend the charges.

The judge always has some discretion when issuing a sentence but generally will defer to what was agreed to in the plea (unless he went to trial). If it is a federal sentence, you can request a sentencing hearing where the attorney can submit a memo, character letters, and call witnesses to try and get the judge to offer a lighter sentence. If it is a state sentence, the plea terms will control although the Judge does have the ability to give him time served- it really depends upon the charge (the minimum time the charge typically carries), his record, and a variety of other facts that often appear in the probation/presentence report.

You should ask his attorney as he would be familiar with the facts and circumstances of his case. Unless he faces a mandatory minimum sentence or has a felony with a prior felony he might be eligible for a 1 year definite sentence which would result in 8 months with credit for good times served. If it is a felony the minimum on a non-violent felony is an alternate 1 year sentence in a local jail or 1 1/3 to 4 years in a state prison. He is eligible for shock incarceration or even straight probation under certain circumstances. You have not given me any information about his case so it is not possible to tell you what the sentence might be.

Yes the judge could sentence him to one year and with 8 months in he'll have all his time in.