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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3029
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My fiance was arrested March 27th 2012 criminal sale in the

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My fiance was arrested March 27th 2012 for attempted criminal sale in the third he was given a 6-5 came out absconded from probation caught two months later arrested and given a flat three-year sentence he has done shock, done Willard he's done the Hudson Correctional diversion program . Was clean for a year and relapsed. On 2/22/16 was was offered a program until they found less than a gram of cocaine on him that led to his arrest on 2/24 2016 he has been in jail since , Now facing 21 months due to a parole violation for the relapse the problem is his compilation sheet on this one charge says that he has served 1094 days which is one day shy of 3 years(his 3flat). His maximum expiration date and Max post supervision release was the same day 6 13 2016, they refused to release his parole hold on 6/16 he was sent to DOC with his maximum release date still being 6 13 2006 with no date change on the New York State Docs they did however today just change the facility listing but the date Remains the Same. My question is where did 21 months come from? And why was he not released since it surpassed his release date? If he did not owe any more time on the three years end or the post supervision how is he still in jail?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Has he been before a judge since being picked up? Is he being charged with a separate offense for the cocaine possession? When you say "given a flat three-year sentence he has done shock, done Willard he's done the Hudson Correctional diversion program," can you clarify what that means? Are those for the same charge?

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