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MY FIANCE WAS SENTENCED IN HAWII FOR FEDERAL CRIME OF

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HELLO MY FIANCE WAS...

HELLO MY FIANCE WAS SENTENCED IN HAWII FOR FEDERAL CRIME OF COUNTERFIET. HE SERVED EVERY SINGLE DAY OF HIS SENTENCE AND THENM SOME MOST IN HERLONG, CA.

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

HE WAS SENT "HOME" RELEASED TO ME I LIVE IN INDIANA HE WAS PLACED IN A HALF WAY HOUSE FOR THE LAST 6 MONTHS IN CINNNATI, OHIO BUT THEY DID NOT LET HIM COME HOME UNTIL HE COULDN'T BE HELD ANY LONGER-HIS RELEASE DATE. AUGUST 2017 HE CAME HOME ON "SUPERVISED RELEASE" NO PAROLE BECAUSE ALL TIME WAS SERVED BUT SUPERVISED RELEASE WITH THE SUPERVISION OUT OF BLOOMINGTON, INDIANA ---2 HOURS FROM OUR HOME.

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

HE DID EVERYTHING TO A TEE--- PAROLE OFFICER WAS ONE HIM FROM WEEK ONE GIVING HIM TWO DRUG SCREENS OUT OF 3 REQUIRED IN THE FIRST WEEK--- REMEMBER NO DRUG CHARGE.

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

WE WERE TRYING TO GET HIM MEDICAL (THE HALFWAY HOUSE DIDN'T) AND HE FAILED THE 4TH DRUG SCREEN- WELL HE ADMITTED THAT HE RELAPSED ONCE THAT WAS NOV. NOTHING FILED ETC PICKED UP LAST THURSDAY ON A FELONY WARRANT OUT OF HAWAII THEY ARE EXCERDITING HIM BACK TO HAWAII

Submitted: 7 months ago.Category: Legal
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Customer reply replied 7 months ago
WE have not seen any paperwork, we have not seent he report filed nor the "failed" drug screen. We have been told that he HAS to go back to Hawaii and that there are no other options. I suggested a tel-conference with the judge since that is consistently done in federal matters such as social security. I attempted to file a writ of habius corpus -he was being held in the Hamilton County Justice Center (Cincinnati, Ohio) an Indiana resident on supervised release out of Indiana with a warrant for revocation out of Hawaii. When I arrived to file the Wittt on Friday I was told he was transfered to Campbell County (Newport, KY).The parole officer had our home searched, nothing was found in my home but I lost my job-I worked from home. He is our only financial support if he goes back to Hawaii we can't get to him and he can't get back home. Our daughter will be without a home!
Answered in 6 hours by:
12/31/2017
Lawyer: Zoey, JD, Attorney replied 7 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,820
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 7 months ago

The Federal system works differently from the state system. In the state system for a non-violent crime, you can generally serve most of your sentence and then come out on parole, or serve the entire sentence and come out with no further obligations to the criminal justice system.

Under Federal law, Federal supervised release replaces parole and is tacked on to a defendant's sentence after he has done all of his time. Then it operates like parole does, essentially. That is, the inmate must observe the conditions of his release or he can be violated. The amount of time possible for the violation is defined by the Federal Guidelines and can be imposed regardless of whether he has already served the incarceratory term of his sentence or not.

You can see how supervised release works in this document explaining it and how it works.

He must go back to Hawaii because on a violation, Federal law requires that he appear before his sentencing judge and attend a hearing on that violation. Depending upon the outcome of that hearing, one of two things can happen: he can be restored to supervised release, with or without new conditions imposed upon him, or he can have his supervised release revoked and time imposed.

A dirty UA would be the lowest possible level of violation -- a class C violation. If time is imposed and his counterfeiting felony is his first offense, the guidelines mandate 3 to 9 months of incarceration. Again, however, incarceration is not a given. He'll be entitled to a lawyer and as his was not a crime involving drugs in the first place, he may just be just restored to supervised release.

I know that this presents a hardship for you and that my answer doesn't necessarily make you feel better about all that, and I ask you to kindly not shoot the messenger. What I have done is to explain how this could happen, even after he did all of his time and how it is that the government has cause under Federal law to hold and sanction him. I'm not sure I have addressed your particular concerns, however. If I haven't, please reply on this question thread and I will be happy to add to my answer at no additional cost to you.

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Customer reply replied 7 months ago
WOW - What a rip off you told me everything I already know and when I asked the inital quesiton I was told $5 to have my question answered...low and behold you withdrew $47 from my account!
Lawyer: Zoey, JD, Attorney replied 7 months ago

I don't know what you already know unless you tell me. What you said was that you were confused as to how this was able to happen the way it did, since he finished all his time.

As far as billing is concerned, I'm not responsible for that. The site takes its money up front. All I am is a lawyer who answers customer legal questions in Criminal Law and other legal categories.

If you have a billing issue, customer service will resolve that. They are at***@******.***

If you have a legal question, however, and need clarification of my answer or additional information about the law, please tell me what you feel you want to know that I left out of my answer and I'll be happy to elaborate.

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