Legal Question in Criminal Law in New York

Post release supervision

Ok, heres my issue, in Feb 2000 i was sentenced to 7 years in prison, with 3 years post release supervision, which i have on my original papers. I was release on work release Aug. 2004, and then transfered to parole Feb. 2006, which ive been on ever since. Now, my final date from the moment i got arrested, being sentenced to 7 years, with 3 years post release supervision, should be Feb. 2010. Parole has seemed fit to change that from which the judge sentenced me from 3 years post release supervision to 5 years post release supervision. But their calculations are wrong, because it says the final date is Feb. 2011. But if they increased it by 2 more years that would actually make it Feb. 2012. My main question is, can they change what the judge sentenced me to from 3 years PRS to 5 years PRS? I hate to shake up the waters, but i find this very wrong, and do you think i can fight this?


Asked on 1/20/09, 12:09 pm

1 Answer from Attorneys
Robert Reuland Law Offices of Robert C. Reuland, P.C.

Re: Post release supervision

The problem has been that DOCS has been "sentencing" people to PRS, usually 5 years, when the sentencing court has been silent on the issue. But DOCS cannot sentence anybody to anything, so as a result a lot of cases have been coming back to court for resentencing on PRS when the issue was not indicated in the original sentence or plea agreement. If you were sentenced to 3 years, DOCS should not be able to change that. Talk to your lawyer.

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Answered on 1/20/09, 1:32 pm


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