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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26015
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I need a second opinion on a parole board decision. my brother

Customer Question

i need a second opinion on a parole board decision. my brother was imprisoned after a closed trial with only a judge. the charge was soliciting a minor. he was just rejected for parole despite an exemplary record.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello, What is your question with regard to this situation?
Expert:  Zoey_ JD replied 1 year ago.
I was hoping for more detail before I responded but I will answer now. If my answer is not on point or you have a follow up, you can just reply on this question thread. Parole looks at more than just an inmate's prison behavior when they make a parole determination. What an inmate does on the inside is only a small piece of what Parole looks at. Every inmate gets assessed by parole in terms of his risk to the community and the likelihood that he will reoffend. That information comes from tests administered to the inmate, his willingness to seek programs in-house to help him and the quality of his participation in such programs, by the facts and circumstances of his case, by his personal and criminal previous history, and by the life plan he has if he's released. Additionally, the judge, the prosecutor, and the victim are all entitled to give input to the parole board. It's not an easy decision, and there's a lot to weigh. Add to this the fact that The Supreme Court has ruled that there is no fundamental right to be paroled and that parole has the discretion and, in fact, the duty to determine for itself which prisoners may be released on parole, when they will be released, and what the conditions of their parole will have to be. As a result courts can do very little to overrule Parole's polices in a particular case unless it is clear that parole has abused its authority.What your brother should do, however, would be to apply as frequently as he is able, and what his friends, loved ones and supporters on the outside and on the inside would want to do would be to help provide evidence to the Parole Board which would show that he'd be likely/able to lead a law abiding life when released. A parole lawyer could perhaps assist with that, but if money is a problem it's not necessary.

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