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my boyfriend was arrested on thursday and charged with a FOA 900.00 ZT. He lives in NY and had a criminal case in NJ for which he plead guilty in 2011, his parole was to be done in essex county but after the first to parole visits he requested to have his parole transferred to NY. He completed his parole for that case in January 2012 but when he got into a car accident on thursday they arrested him due to a fugitive warrant in NJ. the Chrge on E-Courts is as follows:
I do not know what the rest of the description is because it is truncated. He saw a judge today in bronx criminal court (ny) and was given another court appearance on Aug. 28th which he was told would be the date in which the judge decides if he is going to be extradited to NJ to face this charge. He was Incarcerated in a state prison in the Bronx today pending this next court appearance.without Bail..Since he has completed his parole in ny and was given a release from his NY parole officer what will happen if he is extradited to NJ on August 28th. I cannot locate his parole release paper and I have not heard from him to tell me how to obtain it. Shouldn't there be a record of the fact that he completed his parole SOMEWHERE..He currently has a court appointed lawyer. Is that OK with these charges or should I hire a person independent lawyer?
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
Did you actually see the release from parole letter?
And you say he has a court appointed lawyer, do you mean in NY or NJ?
I took him to his parole officer in NY on the last day of his parole. He was just given a slip of paper and was told that this paper was all he needed in case he was ever stopped by police.
He was given a court appointed lawyer in Bronx Criminal Court earlier today.
I dont know if this charge is critical enough for me to get him a lawyer now or wait until he is possible extradited to NJ.
I am sorry, I don't mean to rush you but I needed to know if you were still there?
Sorry, I got knocked offline an just managed to get back on.
Are you still there?
The issue in NY will solely be whether or not they extradite him to NJ. Extradition almost always occurs so you should probably use the court appointed lawyer for the NY extradition and then hire a private lawyer in NJ. You can get the NJ lawyer to start working on the case even before your BF gets there.
There will be a record somewhere that he completed his parole, that shouldn't be very hard to find.
what is he being charged with exactly? I do not understand the charges...I wanted a clearer understanding as to why he is being extradited for a case that he already acquired a sentence for and for a case for which he already completed his parole...
The notes that you entered earlier look like the notes they use when he has a bench warrant or a "blue warrant" out for a parole revocation, not a new charge.
It states he is a fugitive from justice out of state. Normally that would mean a warrant and extradition like what he is going through.
It can only be a couple of thinks:
1) His parole was never completed for whatever reason. It could be minor or could be major.
2) He's being charged with a different crime altogether from NJ.
I contacted the NYS parole board today and they told me that they didnt have a record because ait was in interstate parole, they referred me to the interstate office who then referred me to the NJ state parole. The NJ state parole did not have any record of his parole at all, never mind having record of him completing it...therefore at this point I am not sure who to call. I contacted the Essex County Prosecutors office and left him a message but no one called me back.
It could be anew oe, could be an old one, no way of knowing.
There is somebody in a back office that knows what is going on.
You may want to go to the clerk of court's office for the court requesting the extradition and see what is in their file.
Another possible scenario is that NY never reported that he had completed parole to NJ and so NJis showing him as "absconding".
I confirmed that it was the same crime when I spoke to a clerk at the Bronx Criminal Court. Once I obtain a copy of his release from parole in NY would that make a difference in this case when he gets to NJ and could he serve more time for this? The NJ state parole board told me that sometimes the supervising parole officer does not notify the right office in NJ therefore they have no record of him completing his parole.
That is what I was just talking about and it is a definite possibility. Once you get your lawyer and can get the papers showing he completed parole then he should be fine.
can he serve more time for a parole revocation?
if I get a lawyer now for NJ how will he be able to begin working on the case if it has not yet been extradited? Do you mean that he could start looking into the paperwork?
If he didn't complete parole he could finish his sentence out.
Yes, the lawyer in NJ could start working on the case right away. It makes more sense to spend the money there than in NY.
But if he did complete it and the lawyer obtains the parole release then chances are that this would be closed or dismissed and he would be released?
If that is what it is about, yes, he could get him released pretty quickl.
I agree...I will call the lawyer tomorrow. All I need to supply him with would be the charge / case information correct? He would be able to obtain the parole release himself from NY if I cannot locate it?
I would think so. It can't be too hard to get a copy of a release leteter.
I've gotten them for people in a couple of different states just by calling.
Great, I feel a little better knowing that he stands a chance in proving that he has satisfied his parole obligation...I thank you very much for your time and for the information you have provided, it is very helpful.
You're very welcome, glad to be of assistance.
Best wishes to you and him. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.
would I be able to access this conversation once we disconnect? Will it be located within my account somewhere?
Yes, once you issue your positive rating the question locks open and will no ;longer time out so you can come back to it whenever you like. In addition, you can print it out using your browser's print function after you issue your rating because it changes format.
I thank you again, and will gladly give you a perfect rating for the time you have taken to calm my anxiety over this matter...have a good evening, sorry to have kept you up so late. Good Night.
No problem and you have a nice weekend.
thank you, XXXXX XXXXX
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