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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27467
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My fiance has his parole coming up in December. The problem

Resolved Question:

My fiance' has his parole coming up in December. The problem is he has one other charge pending that he wouldn't sign off on, that was a 9 year sentence. His other two charges were for 7 years. He has already served 2.5 years. I contacted a parole attorney and he told me it was useless to hire a parole attorney with another charge still lingering. I can't get the attorney to call me back that I am using. I have already been through 3 of them. This was was paid 10,000 dollars and I feel like he has done nothing. What would be my next step to take?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

He cannot be paroled on one case if he still has another sentence to finish. I may be missing something, but I don't see what can possibly be done.

Can you give additional information on the case with the 9 year sentence that would explain why you think he should be paroled in December after less than 3 years?
Customer: replied 5 years ago.
He already got the paperwork that he was coming up for parole. His 9 year sentence was for aggravated kidnapping or assault, I can't remember which. He had been on a deferred probation for 10 years and broke his probation. This is all due to his ex-wife.
Expert:  Zoey_ JD replied 5 years ago.
Hi Mary,

So when he allegedly violated probation, what was he resentenced to, or is that matter still pending.
Customer: replied 5 years ago.
He originally was sentenced to 10 years deferred probation. Then when he went to court they sentenced him to 7 years for 2 charges and to run concurrently with each other. The aggravated assault charge is still pending because he would not sign for 9 years when he had already been on probation for 5 with a clean record. This happened in 03'.
Expert:  Zoey_ JD replied 5 years ago.
Thanks, Mary,

Now I think I've got this. It looks like your fiance was somewhat in his own way. When you violate the terms of probation and probation revokes you because they do not wish to deal with you any more, the judge is then free to resentence the defendant to anything on up to the maximum penalty the law allows for the crime. While it is in his favor that half of his probation was just as it should have been, you will not, unfortunately, find a law in any state that says that time on probation counts as jail time. It simply doesn't, because the person on probation is at liberty.

Now, your boyfriend didn't have to like what happened to him upon resentencing. And if he felt it was unduly harsh, he could have challenged the judge's ruling. Perhaps he did that already. But once he goes completely through that process, and the sentence gets upheld, he finds himself where he is now some 2.5 years down the road.

You don't need a parole lawyer, as they correctly told you there is nothing they can do. You DO need the lawyer on the VOP, (or another lawyer you retain instead).. If signing off on this is all that he needs to do, and he is finally willing to do that, a lawyer can get him back before the judge quickly enough and wrap the violation of probation up. If, on the other hand, he is not willing to sign off on the VOP, then he needs the lawyer to see if it's too late to fight the sentence and if not to put something in the works. Going that route, however, is sure to delay his parole.

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