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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25511
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my friend was pn parole.. she absconded and while absconded

Customer Question

my friend was pn parole.. she absconded and while absconded picked up new charges.. the parole judge told her he is violating her on absonding and as long as she doesnt recieve any felonys he will not re violate her for those... They gave her 90 days plus time served for parole violation...
the 2 towns droped the felonies and gave her misd. a's each one year and concurrent with all other sentences...
the lawyer and da and judge all said they did this so she could get out on the parole release date and not have to serve the entire year... Is this true??? and how does this work??? this happened in NEW YORK
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Jacustomer,

It works because Felony time trumps misdemeanor time, and the sentences will merge.

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Customer: replied 6 years ago.
so her out date for parole is may 16th and her out date for county jail is saying sept 27th so she will,be out may 16th
Expert:  Zoey_ JD replied 6 years ago.

Sorry for the delay,

 

Yes, she should get out on May 16th, just the way she was told. The VOP controls if she got 90 days and the misdemeanors are concurrent. The sentences will merge and the 90 will be all she's supposed to do. It's all in NYPL Sections 70.25-70.40

 

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If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

 

 

 

Customer: replied 6 years ago.
thankyou... seems parole and the jail are giving us the run around... They are a little mad because the DA Judge and lawyer worked together to give this women anouther chance... and now parole and the jails are screwing with her....
Expert:  Zoey_ JD replied 6 years ago.
Jacustomer,

Yup. Figure parole wouldn't be pleased, but it's a provision of the law they are surely aware of. It's in their handbook. Maybe they just didn't figure that the DA and the judge would give her that kind of a break.

She should be released as promised. If she's not, someone ought to see to it that her lawyer gets a phone call. The lawyer, judge and DA certainly intended release here, so if they keep her she must be brought back before the judge.

For what it's worth, if she ends up being wrongfully held, she would have a good suit against the Department of Corrections.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.