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Can someone be on post release control and probation at the…

Customer Question
Can someone be on...

Can someone be on post release control and probation at the same time

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

I have to ask him because he was sent back to prison and at the hearing he found out he was on both and he has been on this for at least three years

Lawyer's Assistant: In what state did this occur?

Ohio

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

He was sentence for 7 years and want to know if we can fight this sentencing and be transferred to az

Submitted: 1 month ago.Category: Legal
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Answered in 9 minutes by:
3/16/2018
Lawyer: Zoey, JD, Attorney replied 1 month ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,033
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 1 month ago

It's not the most typical scenario, but it is possible for someone to be on parole and probation at the same time. You're out on parole, for example, and take a plea to a misdemeanor where you're given probation. That's one way, but not the only way, that something like this can come about.

He would have a hearing on the violation of Parole at which he'd be entitled to counsel. From there if he is sentenced, he would be able to appeal that to the Parole Board.

As for a transfer, a parolee and, for that matter a probationer has to be in good compliance with Parole to be eligible for a transfer to another state. Then, with family and a job in the other state and all of his fees, fines and restitution paid up, he'd be eligible to apply for a mandatory transfer through the Interstate Compact. That's the agency that regulates the movement of probationers and parolees from one state to another.

You can read more about the requirements for a transfer in the attached files. The rules for transfer begin on page 23.

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