Get Out Of Jail Early
A lot of people who are facing jail time are wondering if they can get out of jail early. In the state of Georgia, sometimes the answer can be yes! For serious crimes and repeat offenders, the Judge will sometimes sentence a defendant to a split sentence. A split sentence is when a defendant is sentenced to 10 years, 5 years to be served in jail and the remaining 5 years to be served on probation.
Based on Georgia’s parole system, sometimes defendants can get out of jail early, though. The general guidelines for getting out of jail early are:
-sentences under 21 years: you are eligible for parole after serving 1/3 of your sentence or 9 months (the greater of the two)
-sentences more than 21 years: you are eligible for parole after 7 years
However, there are exceptions to these guidelines:
-first offender sentences: If you are being sentenced under Georgia’s First Offender Act (read more about the First Offender Act), you may be immediately eligible for parole. This is, of course, dependent upon your criminal defense lawyer asking for and the Judge granting this request.
-violent felonies: If you have committed one of the seven deadly sins (murder, felony murder, armed robbery, kidnapping, rape, aggravated assault, aggravated child molestation, aggravated sodomy, or aggravated sexual battery) and were sentenced after July 31, 1994, you are not eligible for parole. This list is not exhaustive, and there are other crimes that are not eligible for parole in the state of Georgia as well.
-life sentences: Depending on when you were sentenced to a life sentence, you may be eligible for parole after either 14 years or 30 years.
-repeat offenders: If you’ve been convicted of a serious violent felony and have prior convictions for serious violent felonies, you are not eligible for parole.
To confuse things even further, there are some exceptions to the exceptions:
-If the severity of your crime is Level 4 or less, you may be considered for parole before serving 1/3 of your sentence. Georgia’s Crime Level Severity chart may help you to determine the level of your crime.
-If your sentence is less than two years you may qualify for an early release program.
To get out of jail early in the state of Georgia is possible but not always easy. If you are facing a conviction and jail time, call Kyle today at (770) 744-5250 for a free consultation.