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  #1  
Old 02-13-2008, 09:55 AM
LorriKiser LorriKiser is offline
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Unhappy Escape/Absconding

My fiance, a registered sex offender who plead guilty to corruption of a minor in 1996 (a felony 3) and is serving under the old law with his max sentence date expiring Jan 2009 is facing two new charges, one failure to register change of address and escape, both indictments saying they are felony 3s also. My question is this, in the Parole Board guidelines dated July 1, 2007 in chapter 4 under states "
401. Escape or Attempted Escape (felony provisions only)
(A) Category 6 if the defendant, at the time of the commission of the offense, is (1) detained as a sexually violent predator, or for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter (first degree felony only), kidnapping, rape, felonious sexual penetration, or aggravated arson, and (2) escapes from secure custody.
(B) Category 3 if --
(1) the defendant, at the time of the commission of the offense, is (A) detained for any other felony,
and (B) escapes from secure custody; or
(2) the defendant, at the time of the commission of the offense, is (A) detained as a sexually violent predator, or for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter (first degree felony only), kidnapping, rape, felonious sexual penetration, or aggravated arson, and (B) escapes from non-secure custody.
(C) Category 2 in any other case.
Notes and Procedures
1. Secure custody means custody with significant physical restraint. Non-secure custody means custody without any significant physical restraint (e.g., walkaway from unescorted work release, failure to return from an unescorted furlough, escape by stealth from an institution with no physical perimeter barrier).
2. Parole Violators at Large returned as Technical Parole Violators, and Parole Violators at Large admitted for Escape (absconding parole) convictions both are to be treated as Technical Parole Violators (not as escapees under Offense Guideline 401). "
Now, being convicted of corruption of a minor with sexual specifications, he did leave the state without permission looking for work, was arrested and extradited back to Ohio and, as I said, is facing two seperate indictments. Under Notes and Procedures, #2, shouldn't he be facing Parole Violations and not new charges??? All this old law/SB2 law changes seem to leave loopholes for the system to use any and all laws differently according to their mood and who you are. The way I see it at the most he is guilty of 2 parole violations, they should revolk his parole and make him serve the rest of his sentence til Jan 2009, instead he is facing two new F3 charges and could get ten more years. HELP
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  #2  
Old 06-05-2009, 01:52 PM
JADESMOM2008 JADESMOM2008 is offline
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Default Im in the same boat as you

Please contact me at [email removed per PTO policy, please use the private messaging system], im in the same boat


Quote:
Originally Posted by lorrikiser View Post
my fiance, a registered sex offender who plead guilty to corruption of a minor in 1996 (a felony 3) and is serving under the old law with his max sentence date expiring jan 2009 is facing two new charges, one failure to register change of address and escape, both indictments saying they are felony 3s also. My question is this, in the parole board guidelines dated july 1, 2007 in chapter 4 under states "
401. escape or attempted escape (felony provisions only)

(a) category 6 if the defendant, at the time of the commission of the offense, is (1) detained as a sexually violent predator, or for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter (first degree felony only), kidnapping, rape, felonious sexual penetration, or aggravated arson, and (2) escapes from secure custody.
(b) category 3 if --
(1) the defendant, at the time of the commission of the offense, is (a) detained for any other felony, and (b) escapes from secure custody; or
(2) the defendant, at the time of the commission of the offense, is (a) detained as a sexually violent predator, or for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter (first degree felony only), kidnapping, rape, felonious sexual penetration, or aggravated arson, and (b) escapes from non-secure custody.
(c) category 2 in any other case.
notes and procedures
1. Secure custody means custody with significant physical restraint. Non-secure custody means custody without any significant physical restraint (e.g., walkaway from unescorted work release, failure to return from an unescorted furlough, escape by stealth from an institution with no physical perimeter barrier).
2. Parole violators at large returned as technical parole violators, and parole violators at large admitted for escape (absconding parole) convictions both are to be treated as technical parole violators (not as escapees under offense guideline 401). "
now, being convicted of corruption of a minor with sexual specifications, he did leave the state without permission looking for work, was arrested and extradited back to ohio and, as i said, is facing two seperate indictments. Under notes and procedures, #2, shouldn't he be facing parole violations and not new charges??? All this old law/sb2 law changes seem to leave loopholes for the system to use any and all laws differently according to their mood and who you are. The way i see it at the most he is guilty of 2 parole violations, they should revolk his parole and make him serve the rest of his sentence til jan 2009, instead he is facing two new f3 charges and could get ten more years. Help

Last edited by nimuay; 06-07-2009 at 05:45 AM..
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  #3  
Old 07-19-2009, 12:26 AM
dyingangellips dyingangellips is offline
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Default I need help with "leaving state while on judicial release"

I'm hoping someone can help me. My fiance is currently sitting in county jail with the possibility of going back to prison. He was on judicial release and was out of state. They are trying to charge him with "escape". His lawyer says he doesn't fall under that catergory. Can anyone help me find info to help my fiance and me?
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  #4  
Old 09-11-2009, 09:22 PM
PrisonSlave PrisonSlave is offline
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Default

Notes and Procedures
1. Secure custody means custody with significant physical restraint. Non-secure custody means custody without any significant physical restraint (e.g., walkaway from unescorted work release, failure to return from an unescorted furlough, escape by stealth from an institution with no physical perimeter barrier).
2. Parole Violators at Large returned as Technical Parole Violators, and Parole Violators at Large admitted for Escape (absconding parole) convictions both are to be treated as Technical Parole Violators (not as escapees under Offense Guideline 401). "
Now, being convicted of corruption of a minor with sexual specifications, he did leave the state without permission looking for work, was arrested and extradited back to Ohio and, as I said, is facing two seperate indictments. Under Notes and Procedures, #2, shouldn't he be facing Parole Violations and not new charges??? All this old law/SB2 law changes seem to leave loopholes for the system to use any and all laws differently according to their mood and who you are. The way I see it at the most he is guilty of 2 parole violations, they should revolk his parole and make him serve the rest of his sentence til Jan 2009, instead he is facing two new F3 charges and could get ten more years. HELP



I bolded the important part.

Maybe look into his transaction records for things he bought to prove he wasn't trying to do crime or look for job applications he might have filled since if he looked for work he might have filled some and they will have to be on record somewhere?

Perhaps you should find a way to gain information from the person who left the state to find out what sort of jobs he was seeking and contact those job centers asking if any application/forms where filled out and to provide a legit copy to prove in court he wasn't mentally trying to flee?

That is too bad he got wrongly accused of leaving the state when he wasn't trying to hurt anybody


I am just trying to give some possible honest-to-God advice here.

Last edited by PrisonSlave; 09-11-2009 at 09:25 PM..
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