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  #1  
Old 04-24-2013, 05:26 PM
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Default Can you do time past sentence max out?

Sorry, I'm new and not sure what I'm doing! but here we go...My boyfriend was on parole, his sister is crazy and started a fight between my bf and her husband and then called my bf's po. He was sent back to prison for 90 days on a parole violation...when he was sent he had only like 6 days left until he maxed out his sentence. Can they keep him past that or will he actually do additional time to fill out the 90 days? He's had people at the prison telling him different things. So I was just wondering what the law actually says and haven't been able to find anything. There were no new charges, just the parole violation...He's been in since April 3rd but didn't sign his papers to be sent to prison until about two weeks ago, has been in RDU for 6 days and he said he talked to his unit team and that's when he was first told he may be coming home...but is this false hope?
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Old 04-24-2013, 06:41 PM
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It depends on the laws pertaining to his parole. In some states, all your street time is taken away. In others there may be a 30 or 60 or 90-day return to prison and then parole may be reinstated. If your state takes away all the street time (the time he's been on parole) then he will go back and that time vanishes. He may finish his whole sentence. A sentence doesn't end on a date, but by being in custody for x number of days.

Example - If he had a sentence of 10 years, served 8 and paroled and was successful for one year but then was picked up for a violation, if he goes back, the year he was outside doesn't count toward his time and he will serve the remainder of his sentence - 2 years.
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Old 04-24-2013, 07:53 PM
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Thanks. We are in kansas...although I guess what I meant to say is that when he was let out on parole, he only had 6 days left of his sentence. So now that he's back in he's now past the x number of days that he should have been in custody. I just don't know why someone at the prison would have mentioned it to him if it wasn't a possibility. He was only let out 6 days early and was put on parole for a year. (supposed to be off of parole in october) None of it makes sense to me...lol
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Old 04-24-2013, 08:53 PM
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Why wouldn't he just serve the last 6 days and no year on parole?
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Old 04-25-2013, 05:52 AM
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I don't know...it wasn't up to him.
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Old 04-25-2013, 06:58 AM
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The 6 days maybe irrelevant. I know in Wisconsin they only release on Tuesday. So if the release date ends up being a Monday, the get out the previous Tuesday (6 days early) because they can't hold them past Monday. I don't know if that applies everywhere. The parole then may not have had anything to do with that 6 days.
Anyways, I wish you luck in all of this and apologize for not having any answers to your questions.

Oh, and welcome to PTO!!
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Old 04-25-2013, 09:07 AM
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I don't know the answer about KS either, but in some systems a parole violation can result in extra prison time. Can that keep him locked up after the end date of his sentence, only the KS laws can say.

In the fed, a PV is a new crime punished by a prison sentence and then supervised release is re-imposed. He should check with the lawyer who defended him on the original case.
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