Possible Parole dates?

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Marsha

Marsha

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What could be ICA's 1st opportunity for parole, depending on the various sentences she might get?

For instance, I understand Aggrevated Manslaughter of a child is at least a 30 yr. sentence. Could she possible be paroled as early as 7 years? Possible good behavior involved??

Any ideas? This might make me sick later on! :sick:
 
I'm thinking, ask the lawyers in the legal thread. Wish I could comment, but I have no clue! :seeya:
 
Michael Woodmansee got 40 years for murdering a child, eating parts, and keeping the bones in his bedroom. No parole.......but he got 12 years knocked off for good behavior!

Sickens me more and more when I think about it.
 
In Florida, you have to serve at least 85% of your sentence. So for aggravated manslaughter of a child, for example, the sentence range for someone in Casey's situation would be 13-30 years, so the earliest she could get out if found guilty on that count would be 85% of 13, or about 11 years.
 
AZlawyer said:
In Florida, you have to serve at least 85% of your sentence. So for aggravated manslaughter of a child, for example, the sentence range for someone in Casey's situation would be 13-30 years, so the earliest she could get out if found guilty on that count would be 85% of 13, or about 11 years.
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How much credit does she get for the time she has spent in jail already?
 
AZlawyer said:
In Florida, you have to serve at least 85% of your sentence. So for aggravated manslaughter of a child, for example, the sentence range for someone in Casey's situation would be 13-30 years, so the earliest she could get out if found guilty on that count would be 85% of 13, or about 11 years.
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I cringe every time I read that Az. :(
 
I think credit for time served is time and a half, so three years served would work out to be 4 1/2 years?
 
If she gets convicted on multiple charges such as lying to the police and child abuse could they stack up the sentences or would they be served concurrently?
 
Tulessa said:
I cringe every time I read that Az. :(
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Agreed...I honestly believe that HHJP will give her the max for whatever charges she is convicted on, at least I hope so. I think HHJP knows what he is dealing with here, and knows that she is a danger to society. As we know, this isn't his first rodeo, particularly dealing with a female sociopath. :D

I feel certain that the four counts of lying to LE are a sure thing, but I think that they only carry about a year a piece max IIRC. Obviously AZ knows better than I do.

What I would like to know is: is it up to the judge's discretion to decide whether her sentences are consecutive or concurrent, and what is the criteria for deciding? And wouldn't 'time served' be off the table for her, since she is under sentence for six felony convictions at this time? (I honestly don't recall what her actual sentence was for the check fraud issues.)
 
kimmera said:
Agreed...I honestly believe that HHJP will give her the max for whatever charges she is convicted on, at least I hope so. I think HHJP knows what he is dealing with here, and knows that she is a danger to society. As we know, this isn't his first rodeo, particularly dealing with a female sociopath. :D
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And her DT did not do her any favors.
 
She won't have a parole date if she gets the DP or LWOP. So one of those two I hope for.
 
Tulessa said:
I cringe every time I read that Az. :(
Click to expand...

She won't get that though. That 13 years is simply a minimum sentence based upon a scoring system under Florida's Criminal Punishment code below which the Court cannot sentence her without showing cause. I don't know exactly the correct terminology but that is the general effect of the relevant law in Florida.

I remember that AZLawyer calculated the 13 a while back when I asked her because I couldn't find the relevant CPC manual and the scoring system seemed very technical (ok I was a bit lazy but you know :innocent: ).

Anyway, AZLawyer doesn't practice in Florida as far as I know.

This is not a dig at all, she has done a sterling job answering everyones questions but the intracacies and nuances of another jurisdictions legal system can trip up even the most seasoned lawyers, especially when the jurisdiction's law is primarily statute based. It also has to be remembered that, from what I can, see the CPC Scoring System in Florida is relatively complex.

With that in mind, it might be an idea to PM Richard Hornsby (so he can have time to look into it) and ask him on WS radio tomorrow. He regularly uses the CPC code and will have no problem answering the question for us with absolute certainty and explaining all the possibilities (such as which sentences will run consecutive and concurrently, what variables matter, etc).

Back to my first point: Richard Hornsby did state on WS Radio a few weeks ago that in the event that KC was convicted of Agg. Manslaughter that HHJP would probably sentence her to 30 years.
 
IDK, but I'm glad she's not in TN where you only have to serve 30%!!
 
reasonable said:
How much credit does she get for the time she has spent in jail already?
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A day of credit for each day served.

Bill Schaeffer did say that the way the law works in Fl, the cheque fraud charges will effectively be served concurrently with any sentence for the crimes (at this point) allegedly committed against Caylee
 
ColdDayIn said:
IDK, but I'm glad she's not in TN where you only have to serve 30%!!
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TBH, I think in the long run this is evened out in places that do that by altering the original sentences to take that into account.

I personally prefer prisoners serving less of the sentence (which can be made longer to take this into account) and being released on parole.

This way they are incentevized to behave and (at least ostensibly) reform, and you can keep an eye on them when they are released and recall them to prison if they violate conditions of release/commit further crimes.
 
ImaFrayedKnott said:
I think credit for time served is time and a half, so three years served would work out to be 4 1/2 years?
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Day for a day isnt it? I know that Canada used to do something similar to that.

I thought the only U.S. Jurisdiction to enhance the time served credit was New York?
 
Whisperer said:
IIR, Florida doesn't have parole..
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They don't.

They have "gain time", "good behaviour time", whatever you want to call it.

For prison sentences (not jail) what this effectively means is that you get upto 15% "credited" to your sentence for good behaviour.

Personally, I think it is not a desirable system. Because it is credited to their sentence, the sentence is served at the time of release. There is no provision for recalling them for further crimes or misdeeds committed shortly after release because they have served their sentence rather than being released on parole.
 
A sentence of 13-30 years means the sentence cannot be less than 13 years or more than 30 years. In Florida, there is a point system used to determine whether a person is eligible for the minimum. Casey would not be eligible for the minimum because of her prior criminal record (the six felonies). Each prior conviction, as well as each new conviction, adds points and the higher the points go the higher the sentence must go...up to the maximum of 30 years.

Casey will likely get credit for time served so if she were to get a sentence of 30 years, she has already served three years of that. (There is a possibility of sentencing in this current matter being consecutive to what she is currently serving time for, in which case there would be no credit for time served.)

If Casey is convicted on more than one of her current charges she will probably get concurrent sentences. If, for example, she gets a manslaughter conviction and receives the maximum of 30 years to run concurrent with sentences for all other convictions, she might serve a little over 25 years in prison (after the 85% rule is applied). From that 25 years she might get to deduct the three years she has already served...so she could be out in a little over 22 years.

Should Casey be convicted on the most serious charge she gets either LWOP or DP. With either sentence, she is likely to never be free again. I really do not see the DP happening in this case, unfortunately, so unless Casey gets a Life Sentence, she will get out some day, and whenever that happens will be too soon, IMO.
 
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