View Full Version : Denied parole because of appeal?


nemicmac
08-03-2006, 02:05 PM
Is there any truth to this? My hubby heard if your appealing your case, you will be denied parole. That would suck. He would be done with his sentence before appeal would even come around. Would like to have him out parole.

SunnyChick
08-04-2006, 01:12 AM
Hi Nemicmac, I check in several times a day during the summer, and I've noticed that no one is responding to your post. I think that's because we're all as puzzled by this as you are. I've never heard this before, but it could be that it simply never came up as an issue. What worries me is that this is probably the type of "hair-brained" reasoning or rationale that would appeal to the parole board. I'm going to put out a kite on this, but I may not get anything back 'til early next week. In the meantime, maybe one of our members will find the answer for you. I hope you didn't feel we were ignoring you. I think we're simply perplexed by your question. Hang on, and maybe we can figure something out. Take care, SunnyChick

walkintall
08-04-2006, 06:33 AM
see if i can help. part of asking for parole is admitting guilt and/or showing remorse for the crime commited. the parole board can only parole a person if he shows rehabilitation. with an appeal, he's challanging the court to review his case and his guilt/innocence. if he were to admit to the parole board his guilt in the crime he would be confessing to his crime and loose his chance of appeal. depending on the structure of his sentencing and the strength of his appeal he may be better off to wave the parole hearing and pursue the appeal. ofcoarse i don't know the circumstances surounding your/his situation.

emmjay
08-05-2006, 10:20 AM
Walkintall,
first, thank you for all of your personal insights into various issues affecting all of us on this board; as you are well aware, it's a totally different world, with different rules and regulations, most of which are top secret to the general public. My question is a follow up to your response on the parole process. In your experience, what percentage of inmates eligible get parole the first time meeting with the board? Does the facility they are being held at carry a lot of weight in the decision? I understand that out of 950 inmates at sbcc, more than 500 are within one year of parole and most of those should be at lower level facilities, but for political or biased reasons, are not being moved down to prepare them for release, but rather to warehouse them and finish out their entire sentences. If an inmate is denied parole the first time, how long before they can go before the board again? There is such a lack of information for us on the outside; if we had resources to help, legal or advocacy groups we could contact, I'm sure most of us would try to do whatever we could; anyway, thanks for any information you can convey.

walkintall
08-05-2006, 08:42 PM
thanks emmjay. i'd be more then happy to help out any way i can. remember tho, i've been out for 7 years. alot could have changed. the best way i can explain it is, pre-william weld era and post william weld. with his election and the aftermath of willie horton there would be many changes to the doc from about 1990 on. parole became almost non existant til my release in 99. there used to be a furlough program as well wich is looong gone. i've tried to make sense of the parole borad or the opperation of the doc. the ONLY constant i could find is that it's widely controlled by politics. i've seen the board myself three times and never granted a parole. basicly, with the exception of a few short months i served 11 years. first was an old law sentence wich i served 7 years 1 month. i was out a couple of months and recieved a 3-4 year sentence. i served every damn day of the 4 too. i've seen non violent offenders get denied as well as violent. some with squeeky clean inside records and some with alot of disciplenery actions. there just isn't any rhime or reason to their descisions. i had a friend who was in for 3-5 for (5th?) dui. he was different than most. he wasn't your typical criminal with a record as long as his arm. never commited any other crime other than dui. he saw the parole board after serving the 3 of his 3-5. he was told to plan on wrapping up but see ya next year. this wasn't a guy who was going to learn anything more in the extra 2 years they had him serve. i would be willing to bet this guy would never break the law again in his life. princess diana had just died and there was alligations of alcolol and drunk driving in the news reports. now tell me, would it had been better to release this guy with some sort of supervision and perhaps drug/alcohol counciling & drug screening? all they cared about was that if this guy re-offended on parole how would it look for them. it couldn't be more obvious. anyway, to answer some of your questions- if denied, one can patition the parole board for a appeal within 90 days and if denied again will see the parole board every year with the exception of lifers. i don't want anyone reading this to get discrouraged in thinking their significant other definatly WON'T be getting paroled. i want to say that i have been out for a few and can only speak about the situation from when i dealt with it. things may be different. wow... this is starting to sound like a warantee disclosure:eek::D lastly, and just as strange. i didn't really see that much of a difference with the parole board granting parole to min. security inmates as compared to those behind the wall. there was some difference but not much. guess it follows the rule of above, it makes no sense.

shiva65
08-10-2006, 07:23 AM
THANK YOU walkintall it's always nice to have someone who has real experience and can share some of their own personal insight.. thank you
myself, i find this system as someone stated perplexed and changing everyday.. to whom they will change it for... and it is top secret info for example if i were to call the parole board i know what the response would be...
"this information can not be shared " on this indi.. also we have policys that we go by..... blah blah blah blah.. you NEVER really get a straight answer !! I am finding... this thread belongs in parole so i will be move it up .


Donna

nemicmac
08-10-2006, 02:24 PM
Thanks for the replies. It does make sense that you cant appeal something and expect parole if you have to admit you did something. Thats now his delima (sp?)
He would like to get out on parole, because his sentence would be finished before appeal even came up. But he didnt commit the crime he's been found guilty of and he doesnt want to admit to something he didnt do either. He wants out though. I told him I would stick by him, whatever he decides.