Legal Question in Criminal Law in New York

Correctional facility not honoring sentence

My husband has been convicted on a class D Felony. He was sentenced to 3yrs with court ordered casact (drug program) with work release. The jail has not followed the the judges order. He has not been in any trouble in the jail at all. When he tries to address this issue with guidance or any other authority in the facility they say they don't have to send him to the program that the sentence is a suggestion. We have also written the higher courts we haven't gotten a response as of yet from the courts. What can we do?


Asked on 5/07/08, 12:03 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Correctional facility not honoring sentence

First, your husband should have a copy of his sentencing documents... stating specifically what the disposition of the case was and what requirements are for his sentencing... If he does not, you should ocntact his previous attorney for such information.

Department of Corrections pretty much runs their own internal operations, and will release him upon their determination of completion of his sentence...

check with the DOC online and see his release date, overall such programs tend to wait till the end of a prisoners sentence before taking them in...

your investigation should, however, start with his previous attorney. There are various options that the attorney can take to ensure he gets his program if it is a requirement of his sentence...

MANY times, however, the Court allows DOC to make an assesment as to whether the person will get treatment ad does NOT order that the program be a direct part of sentencing...

MUCH LUCK!

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Answered on 5/07/08, 12:53 pm


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