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My husband in currently in prison and has a parole hearing…

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My husband in currently...

My husband in currently in prison and has a parole hearing on Feb 21. He also have a charge pending for fta at a county detention center. He has a date for trial because he did show up but they told him his name wasn't on the paper to turn him self in so now they are trying to give him 6 more consecutive months can that change his parole hearing in any way

Lawyer's Assistant: Since parole regulations vary, can you tell me what state this is in?

He is in Calico Rock, Arkansas

Lawyer's Assistant: Has anything been filed or reported?

Yes he has a public defender handling the FTA

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

No I just really want to know how will that affect his Parole hearing on Feb 21 could that FTA cause his parole hearing to be longated

Submitted: 6 months ago.Category: Criminal Law
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Answered in 19 minutes by:
1/6/2018
Criminal Lawyer: Nisha Jones,
 replied 6 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,480
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 6 months ago

I'm sorry to hear about your husband's situation.

Was the FTA for a case that occurred prior to him entering custody in prison for the case which he is now up for the parole hearing?

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Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Hi, just checking in to see if you'd still like help getting your questions answered. Think of this more as a back and forth conversation. Let me know if you'd still like my assistance, thanks!

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Customer reply replied 6 months ago
I guess you could say that. They gave him a date to turn his self in for what he is currently doing time for. The time he is doing now he had signed for it before the FTA was issued
Criminal Lawyer: Nisha Jones,
 replied 6 months ago

Good afternoon, thanks for getting back to me!

If the FTA was issued for the same case for which he has been serving the current sentence, then his attorney should file a motion to quash the warrant and give him credit for time served.

His attorney should have previously filed a motion to have the FTA sentence run concurrent with the current sentence, so that the time he is in custody now would have also counted towards to prior FTA.

Unfortuntely yes, this could potentially affect his parole hearing as the Parole Board will most likely be hesitant to release him with an outstanding warrant and sentence against him.

Ideally his attorney should try to get this cleared up prior to the parole hearing. His attorney may be able to reach a plea bargain with the prosecutor in which your husband can be given credit time served for the FTA warrant.

Sorry to not have better news for you, but I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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