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In the state of Louisiana-if someone is on parole for five

years get charges with three...
In the state of Louisiana-if someone is on parole for five years get charges with three years left on parole how much time do they have to serve?
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8/4/2013
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law. They have to serve up to the remaining time of their sentence

Example...say they had a 10 year sentence. And received parole at 5 years. They could be forced to serve the remaining 5 years. Parole is similar to probation in that if you violate the terms of parole, you can have the parole revoked and the sentence that remains can be imposed.



P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,662
Experience: 16 yrs. of experience including criminal law.
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Customer reply replied 4 years ago
Does it depends under what act it falls on? Because from my understanding it's 5months on a year is that true?
I am sorry to bear bad news. I am not sure what you are referring to about 5 to a year. That is not accurate.

Here is a link to the law that applies



http://law.justia.com/codes/louisiana/2006/145/79249.html

What you see is that if it is a technical violation (like not meeting with their parole officer as required) the max they can get is 90 days.

But if it is a true violation, the rules provide

When the parole of a parolee has been revoked by the board for the violation of the conditions of parole, the parolee shall be returned to the physical custody of the Department of Public Safety and Corrections, office of corrections services, and serve the remainder of his sentence as of the date of his release on parole, subject to consideration by the board of any commutation of the sentence, and any diminution of sentence earned for good behavior while in the institution.


So the board can commute some of the time based on good behavior while on parole...but it is not required by law

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