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My brother was sentenced to 7 year in prison and completed…

Hi My brother was...

Hi My brother was sentenced to 7 year in prison and completed 5

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Sorry Jacksonville fl

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes but bear with me cause it is a bunch lol

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a bunch of questions for him

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Answered in 2 minutes by:
12/12/2017
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Go ahead and list out whatever you have. The website restricts the thread to one question per thread and reasonable follow ups so it may be necessary to make this a series of threads but if you're a subscription member, depending on your plan, then it may not cost any extra to open additional threads.

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Customer reply replied 8 months ago
Hi Dwayne, this is my first question here. Thank you for your help.

No problem, I'll try and walk you through the process and if there is something I don't know we can pause and I can send you to Customer Service. I'll be here almost all day (well into the evening).

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Customer reply replied 8 months ago
My brother was sentenced to 7 years prison and completed 5. He was given parole for a year and violated 4 months in for a technical violation. He has been arrested for something else and the charges for this have been dropped. He had a parole hearing, and his parole was revoked. He now has a teletyoe hold. All of that to ask this, does this mean he will have to go back to prison for the original 7 years? Will he get credit for the 5 he already completed. Or will he be sentenced to the remaining year he had left when he violated? This is in duval county the active parole began in 2015 expired on august 2016.

I'll list your questions and then answer them as best I can. Please ask any follow ups that you have.

does this mean he will have to go back to prison for the original 7 years?

Possibly. The fact that the charges have been dropped doesn't automatically mean that the parole board won't revoke him. The reason for this is that there is both a different burden of proof for parole revocations than there is for an initial conviction of a crime and the fact that many things that aren't crimes can still result in a parole violation (drinking alcohol, for example, is a condition of parole that is often required and often violated).

Will he get credit for the 5 he already completed. Or will he be sentenced to the remaining year he had left when he violated?

If he is violated then normally the violation will send him back for the remainder of his sentence. He will get credit for the 5 years, but not for the time he was on parole and violated. This depends on the exact provisions of the initial sentencing, the violation, the agreement for parole he signed, and which guidelines were in effect on each of those.

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Customer reply replied 8 months ago
Thank you! That helps me dig a bit deeper. The original violation was for address change 4 months into the 12 month parole. With violation being “technical” as ive read online, can this revocation be appealed? And do you actively handle this type if case? Last thing, is there an online resource to search his court/parole info? I can search here in duval county as well as the dept of corrections. But i cant find the actual documents for this case.

You can appeal it but it's almost certainly a waste of money. Parole has been declared to be a privilege and not a right and it is extremely unusual for a court to reverse a parole revocation, particularly if the facts are proven at all. It would be a better idea to use the money to hire a lawyer to represent him in the parole hearing. You can find one at www.lawyers.com and in the section for Area of Practice enter Parole or Criminal Law.

No, I don't handle those cases any more, I just do trial consulting and write now, along with this website. I spent many years in courtrooms though, both trials and appeals.

I don't think any of the documents are actually online. Most places just put the basics online to save space and the cost of scanning, etc.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Dwayne B. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 8 months ago
Thank you again for your expertise! I will leave positive feedback of course!

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

Best wishes to you and your family, especially during the holiday season and on this parole issue.

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