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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27758
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband went to his final parole hearring on 6/10/11 and

Customer Question

My husband went to his final parole hearring on 6/10/11 and was granted revoke and restore with prp. However he is still in GRVC Rikers Island after all this time and we don't understand why.Seems that everywhere I turn I am getting the runaround. Please help.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hello Jacustomer,

I agree there's something wrong with this picture. Either there is some other hold, or he is waiting for bed space at a program or halfway house, or it's administrative and Corrections hasn't gotten the order to release him.

One way or the other, your instincts are correct. You will only get a runaround, and you need to press his parole lawyer to stay on top of this. If it's an administrative error, she will know how to get it corrected. If there's another difficulty she can find out and, if nothing else, keep you informed.

The procedure when someone is being wrongfully detained -- which you have reason to believe your husband may be -- would be for his lawyer to do a writ of habeas corpus to get him produced before a Supreme Court judge to have the state explain why he is still being held . This is nothing you can do for him yourself. It requires a lawyer. His lawyer can look behind the scenes here in ways not available to lay people and can bring the writ if she gets no real answers. If you can't reach her and she works for Legal Aid or one of the other defender organizations, you can reach her supervisor and he will help you get to the bottom of this.

Good luck!

Customer: replied 6 years ago.
The Supevisor wasthe first lawyer to represent him and she never return my calls either. he called my today and aisthat they ook him t fill out sme papersandhat the hold will be lifted when the guy from prp picks him up. So now I'm ging to continueto reach out to his lawyer.
Expert:  Zoey_ JD replied 6 years ago.

Thanks for the reply. That sounds like the delay had something to do with the program that he's been mandated to. If so, this should work out fine. But you do want to stay on top of them, and I'm sure you'll do just that.