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Can a criminal court judge set bail on some1 being held on a parole violation and why hasn't DOC lifted the hold on release yet?

Jamaica, NY |

My husband has a criminal case and I posted bail. He is now in custody for violation of parole. He went back to cout on 7/5/11 and the judge exonerated his old bail and set a new bail for the same amount. I've completed all necessary papers for his bond @ a bail bond but now I'm being told they can't post the bond until Dept of Corrections lifts the hold. What do I need to do to get him released.

Attorney Answers 3


You won't get him released until DOC drops their hold on him. Don't post the bail or Bond because the time he's serving involuntarily because of the DOC's hold will not innure to his benefit later if he should be sentenced to any jail time. Without bail, he accrues "good time" while in jail. If bail is posted and the hold still exists, he gets no "good time" jail credit for the time he does because he was effectively "out on bail" and the only thing that kept him in jail was the DOC hold. In other words, it's better to not post bail for him until the hold is dropped, if it's dropped.

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You can't get him out if there is a parole hold. Parole issues a warrant and that serves as a detainer. DOC has nothing to do with this other than to honor it and not release someone. Your husband is not getting released until Parole lifts the warrant which wont be until the case is resolved. Do not post bail on the criminal court case until the Parole case is resolved or he wont get jail time credit on the criminal case. Parole is different than probation where a judge can set bail.

The above is for informational purposes only and not meant as legal advice.

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The answer to your question is yes, the judge can set bail on him. I agree with my New York brethren; you should not post bail until he is released by the DOC.

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