View Full Version : First time Parole Violation


WIfey1019
03-12-2010, 04:13 PM
Pretty much my boyfriend was arrested for a misdeameanor drug charge (bag of weed). After seeing the judge and being ROR he reported the incident to his PO, who had no choice to violate him due to the fact he came in contact with police. She told him that he may not serve the remaining time on his sentence which is only 8 months. Just wanted to see if there was any info on what may happen? He has a final hearing on the 22nd in Rikers and from there he will find out what is gonna happen? People are telling him he may do 3 months or they may just release him to an outpatient center. Do they usually make u serve the remainder of your sentence for a first Violation? Any info would help from anyone. Thanks...

Paralegal USA
03-15-2010, 10:31 PM
It will depend on his crime of conviction (Category 1, 2 or 3 violator - all different time assessments).

WIfey1019
03-16-2010, 11:03 AM
What do you mean by crime of conviction? Category 1, 2, or 3? How would I be able to tell which category he is in. I read that he wouldn't be able to do the willard Drug Center because he doesn't have enough time remaining on his parole sentence. Just so confused, so if you could explain that would be helpful. Thanxs so much

drearalphy
03-16-2010, 12:17 PM
It doesn't matter how much time is left, its more about the act in which he violated. They could either max him out or send him to Willard, or an outpatient center.

My boyfriend had only 8 months left of his parole and they sent him to Willard when he caught his first violation. On top of that, if they send him to Willard, they also could elongate his max-out period.

This is as far as what I've experienced and know.

WIfey1019
03-16-2010, 01:56 PM
Ok thanks cause when I went onto the parole handbook site, they said that for a Category 2 (which I believe he is) he can't get the Willard cause he has less time than what they need. But idk. I'm just really nervous because ppl at Rikers are tellling him that they are only giving 90 days for first time parole violators. And this is his first time violating. He goes to all his programs and his parole meetings so I hope they don't let him max out. Any more info would be good. Thanks

Paralegal USA
03-17-2010, 11:16 AM
As a Category 1 violator - time served up until the final hearing, plus 90 days.

WIfey1019
03-23-2010, 05:03 PM
So he had his hearing and they sentenced him to time served 90 days. So my question is will he have to do the full 90 days or is it like the city time where 20 days is a month so he only has to do 60 days. I spoke with someone at the jail and she said he only has to do 60 because 3 months is 60 days in Rikers but idk it seems off. Can anyone help me out with this?

Paralegal USA
03-23-2010, 07:02 PM
His 90 days began the date of his final hearing. He'll have to do it all, day for day.

lostinsystem
03-28-2010, 05:53 PM
my sons a first time violator, 2 bad urines and a pocket knife they offered willard any one know what happens if he refuses to go? hes had open heart surgery, and is on post supervision thanks

lostinsystem
03-28-2010, 06:00 PM
my sons a first time violator, 2 bad urines and a pocket knife they offered willard any one know what happens if he refuses to go? hes had open heart surgery, and is on post supervision thanks

lanenatuya2009
04-10-2010, 03:19 PM
My husband just had his first violation by failing to report to Parole and he has 9months left, He was given 97days in Willard Drug Treatment facility.
Thats usually what they get when they violate.
Just an FYI...The time doesnt start until he reaches Willard so it doesnt matter if he is in Rikers 6 months or 8 months, they still may ship him upstate.
Hope it works out for u:o

Pretty much my boyfriend was arrested for a misdeameanor drug charge (bag of weed). After seeing the judge and being ROR he reported the incident to his PO, who had no choice to violate him due to the fact he came in contact with police. She told him that he may not serve the remaining time on his sentence which is only 8 months. Just wanted to see if there was any info on what may happen? He has a final hearing on the 22nd in Rikers and from there he will find out what is gonna happen? People are telling him he may do 3 months or they may just release him to an outpatient center. Do they usually make u serve the remainder of your sentence for a first Violation? Any info would help from anyone. Thanks...

drearalphy
04-12-2010, 12:33 PM
Yea, same thing with my boyfriend. He served a month and some change in Rikers, and then when he was sentenced to Willard in February, the time that he had done did not count.

wifey- to answer your question, theres no such thing as "jail time" or how the days are counted when you violate parole. Its the # of days flat. No earlier...=/

Lanenatuya- Yea, when my man was sent to willard, he had court the 8th of february, they took him to reception in upstate the 11th, and by the 23rd he had already started willard. It all took a matter of about two weeks and they are usually quick with inmates being sent with Willard because its a quick alternative.

hope this helps =]. Good luck guys

lanenatuya2009
04-18-2010, 08:01 PM
:angry:well this sucks..My man had his hearing on the 5th and its the 18th and he is still sitting in county.. How is this possible? Does the state have a max amount of time to move him to reception? this makes no sense to me!

Yea, same thing with my boyfriend. He served a month and some change in Rikers, and then when he was sentenced to Willard in February, the time that he had done did not count.

wifey- to answer your question, theres no such thing as "jail time" or how the days are counted when you violate parole. Its the # of days flat. No earlier...=/

Lanenatuya- Yea, when my man was sent to willard, he had court the 8th of february, they took him to reception in upstate the 11th, and by the 23rd he had already started willard. It all took a matter of about two weeks and they are usually quick with inmates being sent with Willard because its a quick alternative.

hope this helps =]. Good luck guys

drearalphy
04-24-2010, 05:56 PM
The state does have a max out time to be sent to reception but its like 40 days +..and trust me, they'll do anything to make sure your sent out a few days before max out time...

ugh, its tough girl.

WIfey1019
04-27-2010, 06:17 PM
Well he was sent upstate on the 24th of March and now he's in Chateaugay Correctional which is about 6 hours from home (NYC) but he's being released on June 22 so I am counting down the days. Its been going by pretty quick now because he has to work in there so he doesn't get to spend that much time on the phone but all in all I'm glad they shipped him out quick cause we only have about 6 weeks left then home sweet home. But yes his time didn't start until after the parole hearing!!!