Joe Giudice Prison Update: Answers to Your Questions About His Release

WWHL Tre and Joe 2
Joe Giudice reported to Fort Dix just over a week ago on March 23, 2016.  Just before his self-surrender,  Joe gave an interview to People saying that it would be easy time and he could be out after serving only 18 or his 41 month sentence. He told the site, “”I shouldn’t be in there longer than a year and a half. You get good time, and now they have, with my kind of crime, you are eligible for programs in there so I will do as many programs as I can. A lot of programs knock 10 days off a month. So, whatever programs are available. I don’t care if I have to take up to 24 hours, seven days a week, I will knock off as many things to pass time and get it over with and get out. That’s what your goal is, to basically work on getting out.”

Joe is a wee bit confused.  Currently the BOP lists Joe’s release date as,  3/14/2019, that assumes he will get his approximately five months of good time. If he doesn’t get good time his release date will be 8/23/2019.  But let’s assume he doesn’t lose any of his good time.  There are not “a lot of programs” that he can sign up for like macramé  classes or weight watchers that will result in a sentence reduction.  There are four.  He can try for clemency (from say, the governor), he can try for compassionate release (if say he was dying or some other major tragedy was occurring),  he can try for extended halfway house time through the Second Chance Act,  or  he can do the Residential Drug Addiction Program (RDAP).  Of those four  choices, he qualifies for one. The RDAP program.

Because Joe is not the brightest bulb on the Christmas tree, I think he misunderstood the sentence reduction for completing RDAP.  A prisoner who competes the program is eligible for up to 12 months off their sentence and an added 6 months to their halfway house time (if eligible, Teresa was not eligible for a halfway house and neither is Joe.)  So I think he heard something like “You can get out of prison 18 months earlier (yet still serve an extra 6 in a halfway house) and interpreted that as him “getting out in a year and a half.” That is not going to happen. But you may be surprised to find out how quickly he could be out of Fort Dix.

joetalking

 

Recently, some of you have been asking about reports that Joe is not eligible for RDAP in the first place because he is not eligible as a non US citizen.  That is not true. If citizen or not,  if you meet certain qualifications, which Joe does, you can in fact earn and receive a sentence reduction if you are admitted to the program.  This is the same program that Apollo Nida is using to shave time off of his sentence. You know, in addition to being a rat which reduced his time considerably.

That’s another issue,  the RDAP programs can only take as many inmates as they have funding for. Because of the opportunity for a reduced sentence, the program is exceedingly popular and a large percentage of inmates qualify. While he may not be approved for the program if space is in high demand, he does not currently have an INS detainer and is thereby currently qualified.

I recently contacted Keren H. Sohahong-Kombet, Founding Partner of Sohahong Law Group LLC who specializes in deportation cases who explained circumstances related to Joe and his RDAP eligibility.  Ms. Sohahong-Kombet shared the following:

To answer your question, it’s incorrect that non-citizens are prohibited from participating in federal prison programs to gain early release. However, unlike U.S. citizens, once a non-citizen inmate completes the program and receives the credit, the federal prison notifies ICE of the prisoner’s new release date (usually about 6 months before the new date of release).
Depending on the crime, ICE places what’s known as a detainer on the inmate. The detainer effectively notifies the prison that ICE intends to take custody of the individual upon his release from federal prison, and allows the prison to hold the inmate for up to 48 hours after his scheduled release so that ICE may seize him directly from the prison. Once ICE picks the inmate up, he is transferred to an ICE facility, and is no longer considered to be serving a prison sentence; he is now “civilly detained.” That may sound nicer than being “incarcerated,” but clients typically express that immigration detention is much worse than federal prison.
In Mr. Giudice’s case, his crimes are considered “aggravated felonies” in the immigration context, so in all likelihood, ICE will lodge a detainer once his release date approaches, regardless of whether he serves the entire 41 months, or is scheduled for early release.
 So, to summarize,  Joe could well get into the RDAP despite his illegal status in the country as a non-citizen; however, the only result of that would be to move him into an ICE facility a year earlier. It’s still a good gig for him if he can get it with regard to moving out of prison sooner, but most likely he will be spend at least a couple of years awaiting deportation in an immigration detention facility.  If he gets lucky, and is admitted into RDAP, and earns all his good time his release date will be 3/14/18.  That’s a week short of two years.
And then, he will be in the deportation center for most likely at least that long, in which case it highly likely that the next time he is a free man will be no earlier than 2020 and he will be in Italy when it happens with no possibility for a visa to return.
So then what happens? Does Teresa load up the girls and take them to Italy?

 

 

 

44 Comments

Filed under Dumbasses, Entertainment News, Joe Giudice, News, Real Housewives of New Jersey, RHONJ

44 responses to “Joe Giudice Prison Update: Answers to Your Questions About His Release

  1. Cat

    Interesting. So, no big Bravo homecoming, eh?

    I wonder how Teresa is doing with all of this. Or, does she really believe he is coming home?

  2. RealChicagoHousewife

    Tamara, will Italy allow Teresa to go to Italy since she is a convicted felon?

  3. Cheychey

    I don’t think she would go even if she could. With him being gone at least 4 years I doubt she will even stay married to him.

  4. beth

    “… couple of years awaiting deportation in an immigration detention facility.” It would take long only if he fights deportation tho, yes?

    • Lisaj

      In Arizona we have several ICE centers and they bus out twice a day back to Mexico and one plane a day to extradite to other countries. Everyone fights deportation and the turn around here is less than 3 weeks. Most are indigent so their counsel is either Pro bono or Pro Se. Betting Joe gets a lawyer and I hope he pays up front.

      • tamaratattles

        I would love to know where you get your statistics. Because what I see on the news is that AZ has the highest rates of “suicides” of any of the deportation facilities in the county. These “suicides” have been found to be related to the length of their stay in the deportation facilities. AZ has been all over the news for years with their deportation facilities, one in particular called Elroy or something similar.

        I guess they don’t show all that on local AZ news. Another problem in AZ that you may not be aware of us that these buses (I am laughing at the twice a day thing, still) dump them out across the border and then end up re-arresting them and starting the process all over again more than half the time.

      • Allison

        I wonder if ICE facility conditions vary by region-AZ is legendary, and not in a good way. In the Northeast, they use county jails (if they have county jails) or state prisons, I dont know that we have enough detainees for an entire building just for them?

      • tamaratattles

        Apparently, the citizens of the great state of Arizona are unaware of the nature of their deportation centers. Lisaj says they run like clockwork with two free bus rides home per day it you’re Mexican and an average stay of three weeks. And they have a magical airplane that leaves every day and goes to all the countries the passengers hail from. It sounds lovely.

      • Allison

        It does! Almost makes me wish I wasnt a citizen and in AZ! Almost.

    • Don't Drink the Water

      Depends on the country in how long they stay in ICE. My ex husband was from Jamaica and after serving his sentence if of two years in a max Fed prison in Williamsport, PA, he was released to ICE agents who in turn escorted him by plane to a deportation holding prison in Texas where he stayed for an additional 18 months before the Jamaican Embassy received him back into his birth country. The amount of time served there largely depends on when the inmates country and the process can be a long one.

      • Don't Drink the Water

        Let me clarify, the deportation process can be years depending on when the birth country of the inmate decides to receive them. Apologize, typing from my phone.

  5. Minky

    Taking all of this into consideration: Why is Joe still in the U.S. at all? All that time in prison only to be released into an even more unpleasant deportation holding camp for an indeterminate amount of time, to then only be deported with no chance of ever returning, seems like a colossal waste of time. If he’s dumb enough to believe he’s only going to be in prison a bit longer than Teresa was and then back to Jersey, okay I get Joe’s “logic”, but otherwise this is ridiculously crazy. And if he is that fucking stupid I kinda feel bad for him. Maybe Teresa’s the brainy one in that family?

  6. Lisaj

    ICE deportation is a very very bad place to end up, I hope Joe gets a taste of that because I’m with TT, ciao Juicy ?

  7. jen

    Wow!

    Sorry to say but good. Do the crime do the time. I’m tired of these crooks thinking they can get off easy while people work hard to provide for their families!

  8. Kim

    I missed a lot of reporting on this. I knew he was doing Fed time but is it definite he’s getting deported? They don’t consider being married to a US citizen & having (excuse the expression but only one I know of to ask this) “anchor” babies (US citizen children) to remain in the US or is or that nullified because of the felony convictions? Whew! Sorry for that particularly long segmented last question…

    • Jen

      Being married to a US citizen only gives you a basis to apply for permanent residency, but he already has that. Anchor babies are a completely fictitious notion. Your child (aged 21 or over) can only file for permanent residency for you if you are living here legally to start with, or are living in another country. If you’ve previously been deported for being here without valid status, you get an automatic 10 year ban from the US, no matter who you are married to or where your children were born.

      Joe still is here legally and will stay that way unless ICE files charges and an immigration judge decides to revoke his legal status.

      • tamaratattles

        No matter how many times you say, or how many times you read that Joe is a legal permanent resident, he is not. Joe has stated himself that he DID NOTHING to establish residency because he came her at age one and assumed he was a citizen. His mother also has tearfully blamed herself for choosing not to follow the law regarding his residency/citizenship.

        Joe Giudice is an illegal immigrant.

      • cc101

        If Joe was here legally then every 10 years he would have to apply for a new green card (legal permanent resident) and pony up $450. He clearly was not doing that and is not here legally.

      • Allison

        Actually, if a green card expires, it doesnt make the person illegal. I tried that. After my ex used my face as a punching bag, I called ICE w his SSN-he hadnt ever had his card renewed, and had been in the country since 1986. The agent told me that doesnt make him deportable. I had to hope he broke the law, which he inevitably did, then it was bye bye bad guy.

      • Minky

        Okay. That’s it! I gotta say it: Both Joe and his parents are idiots. Why the fuck would you let your kid build a whole life in a country (education, job, marriage, children, property) but never tell your kid that he’s not a legal citizen of that country? On the scale from brick to box of rocks, where would Joe and his dark-orange-tanned-in-the-dead-of-winter kin register?

  9. Matzah60

    Being married to a US citizen gives him the right to apply for citizenship, but that ship has sailed.

  10. Jen

    He’s not here illegally, he will have to appear before an immigration judge and have his permanent resident status revoked before he is here illegally. Until ICE files anything he is still a lawful green card holder.

  11. Allison

    That’s exactly what I posted weeks ago about the detainer process :-) Just because I went through it last year with someone else. The removal hearings are public, FYI-I went to one in Boston-the courtroom was SO tiny, I was within arms reach of the detainee that was being removed-they hear cases in clusters, around 5 at a time and each one only takes a few minutes. Once he said he wasnt going to fight removal, he was out within 60 days. I’m sure Juicy will fight it, even though he doesnt have a snowball’s chance in hell. He’ll just spend more time in a detention center.

  12. Spilledperfume

    As someone who never followed Joe & Theresa I’m fascinated by the stupidity.

    • The stupidity is fascinating. I can’t bring myself to look away.

    • jen

      I know, right?

      Its unbelievable. This is a story of people that just thought they could take advantage of America and America bit them in the ass. They are still in denial! I was told in a situation I was in no where near this serious that psychologically people can truly put themselves in deep denial of the truth they are too afraid to face! So part stupidity, part denial.

  13. Deb in SF

    Wow, that is some impressive tea, Tamara! Thank you for seeking out someone who had knowledge about the system to share with your addicts, er, readers! I found myself in the odd position of feeling sorry for Juicy Joe. To be that stupid, unaware, deluded about his own fate made me view him as handicapped, er, challenged, and, well, pitiful. What a train wreck. He comes by it naturally, obviously, since his parental units seem none too bright. Ciao, Giuseppe

  14. bria

    Wow! Sad…no coffee for Joe. Reading this
    Makes me feel sorry for him. Ignorance is a bliss. Ignorant Joe has no idea of what’s ahead of him.
    Anyway thanks TT for the tasteful education on immigration law. I love this blog not just for the entertainment but the contemporary way in which you educate the audience.

  15. Cheychey

    I just wonder since Joe is here illegally if some of his close family members might be as well and because him being such a public figure that it could draw attention to look into them as well.

    • ninjapanda1

      Chey that is a good question! Although I believe he is the oldest being born in italy the other ones Pete and whats-her-fuck were born here. Seems calculated on Juicys part to never go through the process.

      • tamaratattles

        I disagree. Here is what I think happened. Mama and Daddy Giudice immigrate from the old country. They follow the process and become if not citizens, at the very least, legal permanent residents. They have an infant with them. Perhaps they didn’t know any better or figured it really would never matter that they didn’t do anything about the baby’s status. They have two other kids who, because they are born here are automatically US citizens. Everyone is legal except the baby,

        Because the traveled from Italy with the baby (Juciy) they would have gotten him an Italian passport. Whenever the parents updated their passport, they update the babies. The parents are dual citizens. The baby is an Italian citizen the siblings are American citizens who may or may not be dual citizens. The baby having no real knowledge of any of this thinks is just like everyone else. The baby works for his father so never really has to provide a social security number.

        Sidenote: My illegal students were all assigned a number that sort of mimicks a SS for use in their school records. I’m not sure if the school did that or if it was an actual government number. A few years ago here in GA those illegal students were discovered in college and were paying in-state fees, the colleges started charging them out of state fees and treating them like any other international student. There was a big brouhaha and I forget how that turned out.

        I don’t think Joe ever had a job at McDonalds or anything like that. He worked for his father and then he had his own business. The first “calculation” may have been him paying taxes on the business. When the baby began frauding the government by faking W-2 forms for his wife (who did have a SSN) that is when things started to fall apart and his illegal status was discovered. I sort of believe he didn’t really know he wasn’t a citizen. There are dozens of people on this site that are smarter than Joe who argue with me every day that he was a citizen when he married Teresa. Joe is certainly dumb enough to believe that.

        So in summary, while I believe that Joe evaded taxes and committed 41 felonies on purpose thinking he would never get caught, I believe him when he told the court he had no idea he was not a citizen. I also believe his mother who cried and told the court she made a mistake by not applying for citizenship for the baby.

        From all the credible things I have read, this is how it all went down.

      • swizzle

        TT, that all makes sense, but Joe and the cast recently went to Italy and the Dominican, so he must have had a passport. Does he only have an Italian Passport? If so and he clearly had a valid one when they left the country, he would have known then that he was not a US resident. Guess he didn’t understand the implications of that at the time.

        Also, all this long-term detaining in ICE facilities seems inhumane and expensive. If someone is not fighting deportation, I hope they get sent home quickly. If Joe ends up in ICE for a long period of time, I have a feeling we’ll start seeing more news stories about these facilities and the process. Could be enlightening.

      • tamaratattles

        Swizzle, there is something on the news at least once a week about deportation centers. Well at least there was back before all the news channels went with 24 hour news stations about every little thing Trump does all day. And, well apparently there are no news story in Arizona where they black that all out and replace it with stories about buses running twice a day and more international flights for deportees than Delta flies each day.

        LOL at Joe somehow boosting ” deportation awareness.” And yes, deportation is expensive. We need to do a lot more of it.

  16. microop

    Why don’t they just deport him? Its expensive to have him in prison. Is the hope they would pay back more while he’s in the clink? BC they won’t.

  17. JoJoFLL

    I think Teresa will end up divorcing juicy and marrying the lawyer.

  18. Lime Brain

    I’m trying to remember everyone who has ever been on the show. I think I liked Joe the best. Esp. when he was with Rosie. What a sad group of characters this show has.

  19. More Tea Please!

    Your,statement about Joe’s “illegal status in the country” does not agree with what Joe told Andy on WWHL, that he had a green card, just never bothered to apply for citizenship.

    The story about he just assumed he was like the other kids does not hold water. The fact hat he was born in the old country made him unique in his family and his siblings would have been very aware of it. My brother is the only one of 6 kids in my family who was born in US. Although born out of the country, we were all US citizens by virtue of my mother being American. We constantly jokingly referred to my brother as “gringo” and were very aware of his unique legal status, as was he. But then again, my brother was smarter than Joe.

  20. JentheAUBURNfan

    Ok so I have spent too many hours packing and living in an air port trying to get south to Alabama for warm weather and just catching up. I must say when I read the “compassionate” release like people dying I immediately thought we all know tre thinks this sums up why he should be released. He loves loves loves his family and has to be out to work and bring her papers to sign. Have some compassion America!!!! According to her book jail has “some criminals” but most are like her, locked in and making the best of things all because she was missunderstood

Please Read the COMMENTING RULES before commenting.