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Miami Criminal Defense > Miami & Florida Criminal Defense FAQ Videos > Why did my attorney ask the judge to sentence me to a year and a day instead of just a year?

Why did my attorney ask the judge to sentence me to a year and a day instead of just a year?


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Video Transcription

Depending on the jurisdiction, it is often the case that if you get a year and a day it triggers an earlier release time than if you get a sentence of one year. In some states and in Federal Court, depending, a year could mean you serve day-for-day, but a year and a day could mean you serve nine months or eight months or that you’re eligible, for example, for a halfway house, whereas a sentence of a year you’re not.

That’s one reason you need your lawyer to be knowledgeable in the local laws and the practices in the Department of Corrections or in the Bureau of Prisons regarding appropriate sentences. A sentence that might seem longer to you might actually be a shorter sentence that you actually serve.

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