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My son is incarcerated in parish jail in Louisiana. He was…

My son is incarcerated...

My son is incarcerated in parish jail in Louisiana. He was given and he signed a residence plan about 10 days ago giving him a release date of April 5, 2018. Today they brought him something giving his release date as March 22, 2019. Can they do this ?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

Charges were filed. He doesn’t have another court date. He has been sentenced.

Lawyer's Assistant: Has he talked to a LA lawyer about this yet?

Not yet.

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Answered in 28 minutes by:
3/27/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,805
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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When you talk about a residence plan, are you talking about his being paroled or is he being moved to some residential facility?

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Customer reply replied 4 months ago
Being paroled

That's what I figured. I just had to make sure.

Unfortunately, the US Supreme Court has said that there is no fundamental right to Parole. Clearly, something must have changed the board's mind about his release. It may just be that they don't approve of his residence plan after all. But courts typically don't disturb Parole's decision about release dates unless Parole is just abusing its power.

Parole has pretty vast discretion, and one of them is to determine for themselves if and when an inmate should be released. I'm not saying that there's nothing anybody can do. There may be something that can be addressed and that a judge can actually get done. But it's going to take a criminal lawyer familiar with post-conviction remedies and Parole problems to look into this problem, find out what's behind it and see if it's appropriate to bring a writ of some kind which could possibly get him out.

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Customer reply replied 4 months ago
Ok. Thank you

You're very welcome! If you have reason to suspect an abuse of authority, that would be a civil rights violation. The ACLU may be of some assistance to help find you a lawyer. Other organizations that address inmate issues and civil rights are the NAACP and the Southern Poverty Law Center.

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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,805
Experience: Active member of the NYS bar since 1989
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Customer reply replied 4 months ago
Thank you for giving me some options to explore !
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