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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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Our son is incarcerated in Newberry Correctional facility.

Resolved Question:

Our son is incarcerated in Newberry Correctional facility. He has been denied parole twice due to a 'hold' by Houghton county. He was under suspicion for a crime there over 18 months ago, but charges have never been filed. He has received a letter saying that charges have been dropped. Yet the parole board has stated that he has until 2015 (the high end of his original 2 to 20 year sentence) to resolve the matter with Houghton county. What can he or we do on his behalf?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.

hi

 

if the charges have been dropped, then you need a letter from the Houghton County prosecutor stating that fact. the letter can then be sent to the parole board show that there is no hold - and request a "reconsideration" or a new hearing to discuss a possible reconsideration. because parole is a privilege and not a right, there is no appeal process on the parole board's decisions. however, if he does not get a reconsideration then he could talk to the public defender about filing an action of mandamus in the courts. if this is granted then the court would order the parole board to the reconsideration hearing.

 

 

 

 

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