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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am confused by the parole eligibility laws of North Carolina,

Resolved Question:

I am confused by the parole eligibility laws of North Carolina, if an inmate is serving a life sentence for second degree murder committed in 1991, when can he expect to be eligible for parole? there is a concurrent sentence of kidnapping with a forty year sentence.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
If the sentence was to life with parole eligibility then he would be eligible after serving 30 years, but NC's guidelines are very vague and discretionary on this when a life sentence was involved.

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Customer: replied 8 years ago.
I am not clear with your answer, could you help me more if you had more details as to this particular inmate and would I have to pay more?
Expert:  Law Educator, Esq. replied 8 years ago.
You only have to pay once and the follow up questions are included unless you feel you want to pay more or leave a bonus, but that is not required.

The reason it is not very clear is not because of me, but the NC parole laws are very tough. Basically, before he can even be considered eligible to be considered for parole he must serve 30 years on the life sentence and that is only if his sentence specified parole eligible. If his sentence was without parole, then he cannot become eligible for parole. You would find this information out by getting a copy of his sentencing order from the clerk of court.
Customer: replied 8 years ago.
The inmate in question had a re-sentencing hearing in 2007, was told then by his attorney that he was eligible for parole then because the kidnapping sentence was changed from consecutive to concurret, he received a letter from the parole commission in Nov of 2008
denying parole, parole case analyst is saying that the NC legislature passed a law in 2008 that "old law" inmates would not come up for review again for 3 years, I don't know who to believe, website of the Parole Commission states parole eligible inmates must have their case reviewed at least once a year. His court appointed attorney will not return my calls etc and I guess he feels he did his job at the re-sentencing hearing. I guess my real question is where could we go for help, money is definitly a problem.
Expert:  Law Educator, Esq. replied 8 years ago.
The parole case analyst is correct in stating the review would be 3 years the parole commission site is for new inmates. The attorney got the sentence reduced, but the attorney will not be able to get him a review any sooner.
Customer: replied 8 years ago.
the inmate has led me to think that he could have his sentence "terminated' at any time. Is there any validity to that belief?
Expert:  Law Educator, Esq. replied 8 years ago.
That is wishful thinking on his part. And generally, parole is never granted on the first time up and many times not on the second time around either.
Customer: replied 8 years ago.
I believe this man received an overly harsh sentence. Is there anything I can do, anyone to appeal to at this point?
Expert:  Law Educator, Esq. replied 8 years ago.
Second degree murder is a harsh charge and comes with a harsh sentence. The fact the attorney got a reduction in sentence is about all you could hope for. You can file another appeal for post conviction relief, but he has already gotten some relief already and it would be unlikely he will get more.
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