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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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my boyfriend was due to parole Sept 09, today he was denied

Resolved Question:

my boyfriend was due to parole Sept '09, today he was denied parole, due to a 'write up', he says he never received! the 'write up was for a couple of aspirin that were found in his cell.
they told him they'd meet with him again in 90 days, can he appeal this denial?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



parole is a privilege and not a right. therefore, the decision is not available for appeal - it seems that he was given a set off/rehear date for 90 days and if does not get anymore infractions, tickets "write ups" then the parole board may allow him the opportunity to finish his sentence outside in the community. so he needs to make certain that he does not get any behavioral adjustments.



Customer: replied 8 years ago.
but he says he was never given, or told about 'write up'! ?..still no appeal?
Expert:  Samuel II replied 8 years ago.



let me say this, the parole board is given all information on an inmate from beginning to end - they are provided with records, programs they have participated in while incarcerated, criminal history - if you BF says he did not get an infraction then that is something he needs to take up with his case manager to get it straightened out.

then once that is corrected he can write the parole board with the supporting information that an error had been made and ask for an earlier rehear.


also, before an inmate is presented the board, they are given the opportunity to review their file for discrepancies and these type of errors - at that time, he should have made his case manager aware that he never got a formal ticket "write up" so he needs to get this corrected in that manner.



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