How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16317
Experience:  15 years exp all aspects of general law
20355756
Type Your Legal Question Here...
Legalease is online now
A new question is answered every 9 seconds

I am trying to find out if parole is also ran concurrently?

Customer Question

I am trying to find out if parole is also ran concurrently? My husb was given a 4yrs sentence & 1yr parole for initial case and a 3yr sentence & 2yr parole on 2nd case to be ran concurrently. He had a 435day credit
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: Illinois
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Can parole be ran concurrently also or will he have 3yrs total parole
Submitted: 6 months ago.
Category: Legal
Expert:  Legalease replied 6 months ago.

Hello there --

-

Basically what he has is a 5 year sentence with incarceration and parole combined. After he is released from the incarceration portion of the sentence, he will be on parole for the remaining time it takes to reach the end of the five year period. So, if he has credit days to reduce his incarceration time by about 14 months, then after he serves 2 years and 10 months in incarceration, ystemswill be on parole up to the end of his five year time period in the Illinois.

-

I hope that helps. Please let me know if you have any additional questions. If not, can you please press a positive rating in the star section above this chat message section so I will be paid for my time. I am paid nothing unless you press the middle star or the fourth or fifth star on the right of the middle star before you leave the website / thank you very much !!

-

MARY

Customer: replied 6 months ago.
The records dept has screwed up his out date. They said that parole time does not count as part of the incarceration and that once he is out he would be on parole for an add'l 2yrs from the last case. I told them that is incorrect! I told them they running his cases consecutively if that's the case and that the court orders states specifically CONCURRENTLY...I will have to find an attorney to help the records office get this right. What are your thoughts??
Expert:  Legalease replied 5 months ago.

Hello there --

-

THe problem with a large bureuacracy such as a prison or a jail is that every single guard or anyone else in the position of authority rely too much on what the computer says regarding such things as time reductions for good behavior and how sentences which are ordered by a judge to be concurrent are suddenly in the system incorrectly and because none of them are inclined to help each other, mistakes are very common and harder to correct than most people realize. Yes, you need to hire a local attorney there in the county where the case was first heard by the court in Texas. and what needs to be prepared by the attorney and filed with the court is a Request for Reconsideration and Clarification of the charges and the sentences against your son -- at that point, the court must alddress your issues in a Response to the Motion for reconsideration and clarification and in that response should be a very close (approximately) explanation of how the two sentences are to run concurrently with each other and how it will wind down and come to a close towards the end of the 4th year and into the 5th year. Now, you can hire an attorney to do these things for him (which is probably the smarter thing to do under these circumstances because you want the clarification decision to be as accurate as possible and signed by the judge) OR you can handle the matter yourself by obtaining a "generic" motion form that you can use and adapt to write a Motion for Clarification of Concurrent Sentences served and pending -- and in the court document simply explain the two sentences to the judge in writing so that the judge can issue a clarification for the case regarding how much time he is expected to be incarcerated and how much time after that he will be on parole.

-

I hope that helps. Please let me know if you have any additional questions. If not, can you please press a positive rating in the star section above this chat message section so I will be paid for my time. I am paid nothing unless you press the middle star or the fourth or fifth star on the right of the middle star before you leave the website / thank you very much !!

-

MARY

Customer: replied 5 months ago.
The case is in Illinois not Texas and he's my husband and not my son. You have provided me with some excellent information!! Thank you so much!!
Expert:  Legalease replied 5 months ago.

Hello there --

-

I apologize for the incorrect demographic information here. I had ust answered a Texas law question so that state was still on my mind. However, the same answer can be used in the Illinois court system where the case against your husband started by preparing and filing the Motion fir Clarification as I mentioned above. If snythin, the fact that he is in Illinois is helpful in and above his overall case because in Illinois they are more inclined to listen to the arguments and try to straighten them out a lot quicker that a state like Texas where the criminal appeals courts are choked very thin.

=

I hope that helps. Please let me know if you have any additional questions. If not, can you please press a positive rating in the star section above this chat message section so I will be paid for my time. I am paid nothing unless you press the middle star or the fourth or fifth star on the right of the middle star before you leave the website / thank you very much !!

-

MARY