Abolishment of post release supervision in NY state, effective September 1st 2011 Parole, Probation

Discussion in 'Probation, Parole, Incarceration' started by jpharoah555, Aug 21, 2011.

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  1. jpharoah555

    jpharoah555 Law Topic Starter New Member

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    My question is in regards to New York state Article 70 - § 70.40 Release on Parole; Conditional Release; Presumptive Release, to go into effect on September 1st 2011 and how it will effect my fiance who is in the NY state prison system currently. As of Sept. 1st he will be 4.5 mos into a parole violation sentence that did not result in a additional charges. His original conviction was a Class D violent, determinate with 1-3 and a Class E non-violent, indeterminate 1-3, of which, he has completed the entire determinate sentence and was released on parole after successful completion of the work release program. He violated parole 7 mos later, in April of 2011 and sentenced to complete 18 more months of his indeterminate time. I have read through the entire above noted article and believe his specifics deem him eligible for immediate parole release once it goes into effect, however, I do not have any legal back ground and hope that someone with more knowledge in this matter can shed some light as to whether or not I am correct in my thinking. Any and all information you can give will be appreciated as there isn't a great deal of information, in laymen terms, readily available to the general public. Thank you in advance
     
  2. army judge

    army judge Super Moderator

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    If one is serving a specific sentence a new law won't alter (or shorten) that sentence.

    I suggest you speak to a couple of lawyers in your home town. It will not cost you a dime. You can ask all the questions you desire without obligation.

    A local attorney that works in parole violations (or criminal law) should be able to provide you with useful information.
     
  3. jpharoah555

    jpharoah555 Law Topic Starter New Member

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    This particle new law is actually geared specifically towards current inmates.
     
  4. army judge

    army judge Super Moderator

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    Again, seek the advice and counsel of a NY licensed attorney. The initial consultation is free.
     
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