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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88666
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband has violated his parole. He was deported to Dominican Republic in 2011 and has

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My husband has violated his parole. He was deported to Dominican Republic in 2011 and has recently re-entered the United States and is serving a 12 month sentence for re-entry.He has a parole detainer in New Jersey. How can we get his current sentence to run concurrent with parole violation?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Is the NJ charge a state law violation? The illegal entry is a federal violation.
Customer: replied 10 months ago.


yes the NJ charge was a state violation

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Because there is a state charge and a federal charge, the federal court will not agree to run their sentence concurrently. What you have to do is that your husband or his attorney has to file a motion in the NJ court where he was sentenced to ask the NJ court to run his probation violation sentence concurrently with the federal sentence to allow his deportation upon completing his sentence for unlawful entry and to allow him to leave the country. The NJ court does have the jurisdiction and authority to agree to allow the probation violation sentence to run at the same time as his federal sentence, but the only way they will do so is for good cause, so you have to use his leaving the country to comply with the law upon completion of his federal sentence.



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Customer: replied 10 months ago.

we currently do not have a lawyer, can you recommand what type of lawyer we should get or one in that works in bergen county New Jersey

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

You need a criminal defense attorney in NJ. I do have to apologize but the site rules and state laws forbid us from making personal referrals to customers of this site, so the best we area allowed to do by law is suggest the same sites used by other attorneys, http://www.martindale.com, http://www.lexmundi.com or http://www.hg.org to locate a local criminal defense attorney to represent him on the motion.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88666
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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