Confused on What Sentence Means

[kielesmom]

My question involves criminal law for the state of: Pennsylvania

My fiance was just sentenced for drug sale to a minimum 13 months and max 36 months. My question is: Does the minimum of 13 months mean that there is no possible way to get out before 13 months or will he be eligible for parole or something else before that time? I would love to speak to his public defender but he never calls me back. The internet searches are confusing me more. I keep finding the 85% rule but does that apply to the minimum or the maximum?? Thanks so much!

[flyingron]

Was this federal (United States) court or Pennsylvania. It makes a difference. I suspect the latter however. The rest of my comments assume a Pennsylvania state sentence.

The minimum sentence of 13 months is the minimum time he will spend in custody (that is, no parole or other release prior to that time) under the current laws. There's not been any 85% rule in PA either before or after the current Truth in Sentencing Laws. He may get small credits for "Time Served" prior to the start of his prison term. I don't believe PA offers any "good behavior time" either.

[kielesmom]

Thank you for a quick reply. It is state court. So basically, he must serve at least the 13 months. He spent no time in jail prior because he was bailed out. After the 13 months it will then be up to parole to find him fit for release to either parole, half way house, work release sometime between the 13-36 months? God this sucks. Wasn't prepared at all. The DA put in writing to the judge that he recommended house arrest. So that's what we were expecting going into sentencing. We have 3 kids and he has a business. I don't work and go to college. This is going to be so hard.

[flyingron]

Yeah, judges aren't bound by prosecution recommendations. I've seen it go both ways (judges giving less of a sentence or greater). The Parole board there has lots of information you can dig through: http://www.pbpp.state.pa.us/portal/s...nity/home/5298