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  #1  
Old 04-15-2009, 03:22 PM
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Default Parole Violation With new Charges....

So I posted this question yesterday, but have new info...
my BF was On Parole for Att Crim Poss of Controled Sub. Class C....

He was given 0-2 And released 9/08 ( doing only 1 year )
He was supposed to be on Parole untill 3/10

He was arrested on 4/09....2 New charges... (both class B Missd) on his first court appearence his Lawyer woulnt "let" him plead out saying she wants to see what parole gives him first for violating...

Im so worried about him , he is having alot of trouble understanding with is happening to him....

Im confused as too how much time he will have to do...and the whole concept of his parole starting all over again....someone please clarify for me
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Old 04-15-2009, 03:30 PM
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The one thing I dont understand is why they are waiting to see what parole does first. Here in Maryland, the parole commissioner would not even make a decision at the revocation hearing until after the new charges were taken care of. I think I would verify that with someone, call the lawyer and see what she says.
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Old 04-15-2009, 03:52 PM
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thats what the lawyer told me...my bf is very angry telling me the samething your saying..im getting a million different stories
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Old 04-15-2009, 06:45 PM
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Parole won't "offer" anything, especially not for new charges. Unless NY is different, the new charges will need to be settled before anything is determined on the status of the violation on the Parole side.
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Old 04-15-2009, 07:11 PM
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So does that mean that in his first parole hearing he wont be sentenced? Hes just worried that he wont get a second Parole hearing for a long time...is there any Law that mandates that time frame for parole hearings?
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Old 04-15-2009, 07:21 PM
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I know that in Maryland there is a time limit, but when is the court date for the new charges? They should schedule the parole revocation hearing after the new cases are resolved.
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Old 04-15-2009, 07:24 PM
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I dont know about NY but as far as parole starting over, here it is up to the commissioner as to whether to count the street time as good time. Here they can make them serve from the time they originally got released until the time at the end of the original sentence plus any time given for the new charges. I know it is not required to take that credit away unless the original and new charges are for a violent charge.
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Old 04-15-2009, 07:55 PM
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So in other words he may have to do the entire year he had left on parole the day he was released?..sheeesh...his new charges are 2 NonViol. Class B misdem. Parole cant be too happy with him since he was originally charged with Drug posession, and his new charges are also drug charges...
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Old 04-15-2009, 07:57 PM
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His Parole court date is the 24th...and new charge court date is the 27th......so parole wont give him a sentence im guessing...so on the 27th hopefully they let him plead out.....then well just have to wait for a second parole hearing, which he is afraid will take a while to get.
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Old 04-15-2009, 11:30 PM
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The lawyer is doing the right thing, trying to figure out what is likely to happen.

Parole can wait them out before doing anything. if he pleads guilty to the misdemeanors, parole could revoke him and send him back to prison. In that case, he would want to get all the sentences to run concurrently.

If the lawyer thinks he can beat the misdemeanor charges, that might be a better route to go. If he is acquitted there, it will be harder for the parole board to revoke him. so that's why the lawyer doesn't want to rush to plead guilty.
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Old 04-16-2009, 03:59 PM
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hopefully thats how it will work out....he seems to think that holding off on parole will screw him in the end..is there any way to go online and see the results of a parole hearing?
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Old 04-16-2009, 07:23 PM
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You talking about a SPECIFIC parole hearing? Or just stats in general?

IF he is eventually revoked, he will get credit for every day in custody since the warrant was filed. So no advantage in rushing things if he thinks he is likely to be revoked. If he's not facing a real long period of time, he may want to request revocation to run concurrent with the misdemeanor sentences.
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Old 04-16-2009, 07:51 PM
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well when his parole hearing comes up on the 24th...is there any way I can see the outcome online?....Hes not facing real bad time..no more than 11mos...he's thinking he may be able to get 90 day for everything concurrently...or 90 days for parole plus 30 days for the new charges...which are minor
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Old 04-17-2009, 12:25 AM
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You can request to attend the hearing if you wish. There will not be a verdict the same day. The hearing officer will record the hearing and take notes, then later issue a recommendation, which the board may or may not follow.

In my case, it took about 3 weeks after the actual hearing to get a decision.
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Old 04-17-2009, 01:14 AM
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it depend on what state or what judge your man gets let me tell you my husband was on probation caught another charge as what they call a felony 2 he stole a $20 speaker and sold it for $10 he got 3 years and 3 years probation after he gets out now tell me that aint fair .
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Old 04-17-2009, 01:18 AM
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No one said any of this was fair. Yeah, if you get hit with a second charge while still on probation, the punishment is going to be harder. Just like it would be a repeat offender. That's a no-brainer.

Jacqui's case is parole, rather than probation, so is not handled by a court.
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Old 04-17-2009, 07:48 AM
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OMG...this is what im saying about the system...and this is exactly why we are scared...but his new charges were Misdems. so hopefully That will play a part in what they recomend. .....

So what your saying mark is they dont give him a decision on the day of his hearing...so maybe thats why his lawyer wants to wait for him to plead out untill after the hearing. Will She have access to the recomendation??..will we have access to it??
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Old 04-19-2009, 02:12 AM
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Jacqui,

The problem is that I would be shocked if parole gives him a hearing before the other cases are disposed of. They want to know whether the court finds him guilty or not. They are in no hurry and there's little you can do to force their hand if there are legal charges (even misdemeanors) pending. They are perfectly content to have him sit there in jail, where he is fed and cared for, while this all plays out: a month, two months.... six months.

I once waited 41 days for a hearing and a response. The next time it was 77 days. And that was with only technical violations.... no new court cases.

He is going to have to address the misdemeanor charges on their own merit: either take a plea or go to trial. The smartest assumption is that if he is guilty, he is more than likely to be revoked. If he's not guilty, the chances are still no better than 50-50 of being reinstated.

People don't seem to understand: parole is simply an extension of one's sentence. You better follow the rules to the letter and act like a saint or you will be back inside. I got violated and returned for being late home past curfew on a Saturday afternoon. If that's enough to send me back to prison with no new charges, then how can someone commit a new crime and not expect to pay the price?
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Old 04-19-2009, 02:15 AM
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As for the recommendation, I doubt that will made public. That's up to the hearing officer, who listens to the testimony at the hearing. The board is not required to follow that recommendation and it is not something that can be legally challenged. the parolee has very few rights in all of this and is pretty much at the mercy of the board. Remember,it was the board who let them out in the first place and they owe their freedom to the board to begin with.
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Old 04-19-2009, 10:11 AM
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So if he Sits in Jail awaiting A parole hearing does all that time count? Or if they decided to ..lets say..give him 6 months ( parole ) will the 6 months begin once he's sentenced? I know the time will count for the new charges, but the new time will probably not exceed the parole time....
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Old 04-19-2009, 01:01 PM
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That's true. The time he might get on a misdemeanor charge is inconsequential in comparison. That's the way the system is set up to work: when you are on parole, you better behave or you will get hit twice as hard for the same thing as someone who is not on parole.

Yes, everyday he was in custody since the warrant was filed will count toward his original sentence (the one he was on parole for) as well. Whether he is revoked or not. I once sat in jail for 41 days while waiting for the board to decide whether or not to revoke me or not. Turns out they didn't revoke me that time. They later revoked me for something else, but did not want to give me credit for that 41 days from earlier. Got that taken care of and got credit for that time, too.

The general underlying principle is that you cannot keep a person locked up without good cause and every day has to count toward some sentence. (Where it gets complicated is when a person has more than one charge.)
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Old 04-19-2009, 03:52 PM
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Exactly...All the time is is spending sitting in jail is going to count for his new charges, because he hasnt been revoked yet...He no doubt will be revoked, but we wont find that out untill his parole hearing.....

We think that They will Be really hard on him anyway, but we are hoping for Parole to give him 90 days...So will the 90 days run concurrently with the new charge sentence? ( plus time served i assume ) Ughhh waiting is the worst!
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Old 04-20-2009, 03:51 AM
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Be sure to request from the sentencing judge that all sentences be allowed to be served concurrently. I suspect the 90 days will be shorter than what he might face on revocation.

Some states have various intermediate sanction programs (was in one myself) for parolees who violate, but only technical violations and no new charges. So if he is convicted of the new charges, he would not likely be eligible for that. But you may want to check with people from your state for specifics.
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Old 04-20-2009, 06:44 AM
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Can I request that? or him?.....I wanna just be able to find out what the outcome is...no website huh?
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Old 04-21-2009, 12:15 AM
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You --- or at least the inmate --- will find out once a decision is made. I'm simply stating that decision is not likely to made the same day as the hearing.
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