Legal Question in Criminal Law in New York
Parole Violation
My Fiancee is currently in a NYS Corr. Fac. on a Par.Vio. Init'lly, he was sent'd to 2 1/2 - 3 yr+5 Yr Post Release Supervision.He was on Parole til Jul/2003, when he was vio'ed for Lying to his P.O. He was sent back to Prison w/no new criminal charges were made.His 3 year sentence ends Dec/03 & his P.R. ends Feb/08.I have spoken with the State Parole personally & they have told me that he was sent'd to 24 mth for the lying to his P.O. He has yet to receive his paperwork, nor does the Prison know why he is there nor for how long.
My question to you is, can they take his P.R. date into effect even when there is no new criminal charge against him?I thought the P.R. can only be used against him if he commits a crim. off. while either on Parole or on P.R. I don't see how they can take the P.R. Date into account when sentencing him. I thought he could only be sent back to Prison for the remainder of his Custodial Sentence, which is Dec/2003. Please let me know this ASAP. It is very odd that he has not received his paperwork yet as the sent. was decided 3 wk ago. I am wondering if it is because they made a mistake & cannot sentence him for 24 mth.
PLEASE LET ME KNOW!!! Thank you for your cooperation with this matter.
1 Answer from Attorneys
Re: Parole Violation
The best people to help you with this are the Legal Aid, Legal Services Corp., or Public Defender. They do this work every day and are the top experts on post-sentencing in the state. I worked for them for a year some time ago.
You are being told that the lying to his PO is a separate offense unrelated to his original crime. When he accepted parole, he gave up many of his civil rights. You are being told this is one of them. he is being sentenced without a trial or other rights.
Is this legal? This is a very technical area of the law and only someone who works in it every day can give you an accurate answer.
good luck and god bless.
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