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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117460
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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How do I find out who was the sentencing judge for my

Customer Question

how do I find out who was the sentencing judge for my brother. He was sentenced to 13mo. with 3 years parole. now he has completed his prison term but they are still holding him. I talked to the interstate compact lady and she said he was denied parole how can they do that when he was sentenced by the court? and what can I do to get him out. I must get him out he isn't supposed to be in there now . He has his release papers he was to be released on Sept.9th 2016 and the prison gave him the release papers!
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The sentencing judge's name will be in the file at the court. Unless he had some behavior issues in prison, if the judge sentenced him to a certain time, then you will have to file a writ of habeas corpus to seek his release based on the court order. Parole is up to the parole board, but if the judge stated 13 months jail time certain they have to release him, but if the judge stated that 13 months before he would be eligible for parole, then parole remains the discretion of the parole board to decide on parole any time after the 13 months. So you have to go to the sentencing court and pull his file and read the sentencing order.