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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My boyfriend is in prison in the state of New Jersey but he

Customer Question

My boyfriend is in prison in the state of New Jersey but he also having a NY state sentence ran concurrently. They currently have a sentence in place where he could be paroled in NJ May of 2016 but he would then have to serve an additional 9 months in NY state. Making his new release date February of 2017. Is there a way to do a program or file some kind of motion to where he may see outside in 2016?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

If the sentences are running concurrently, that means at the same time. Generally, once the longer sentence is complete, the other sentence also is complete. If the NY sentence is the longer one, then he would need to have a NY attorney petition the court to reduce the sentence. That can be based on his good conduct in NJ and his possible parole release.

He would need a NY attorney to do this for him as the NY District Attorney would need to agree to it. It is not something I would suggest he tries to do on his own.

Customer: replied 1 year ago.
What is that petition to the court called? And are there any other options? Because the New York is the longer of the two. And if he was to do a program in New Jersey would that show good conduct in New York and thus help his case?
Expert:  Sam replied 1 year ago.

Thank you

It is a Petition to Reduce Sentence.

Any programs available via NJ could be useful. But you would need to contact the NY District Attorney to find out what they would accept. It is discretionary to the DA.

The good conduct will be shown via his behavior while in NJ, as well as his programming - but again, only the NY District Attorney can approve any NJ programming. You also would want to see if the NY DA is willing to agree to a reduction in sentence.