Legal Question in Criminal Law in Michigan

Boyfriend in jail

My boyfriend did 3yrs for a 10yr senctence got out went back for 3months and now is back for assulting a police officer and another gun charge but the gun gun charge was drop and only serving 7months he has a parole hearing comming up is it possible that he can get parloe or get the full senctence which is 2021 ERD is 2009 but the judge said he will give time served for the time he sat in county. because his first parloe officer never came forth. What is the most likely thing that will happen?


Asked on 5/27/09, 8:17 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Boyfriend in jail

If he committed a new crime while on parole then under Michigan law any jail or prison time he gets for the new case must be served consecutively to (i.e., AFTER) the parole hold. So, if he is in jail right now, he may be racking up credit for time served on the original parole sentence ... but is NOT earning time for the new case.

So, the judge on the parole charge might say, "I'll sentence you to 'time served' in the jail since you were arrested on the new charge" (e.g., 97 days) ... but, none of those 97 days count toward his sentence on the new police officer assault charge.

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Answered on 5/28/09, 2:19 pm


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