Can parole take one year off my time served for a violation when I just took a deal for 7yrs on a crime I fought for 2yrs?

Asked over 1 year ago - Madera, CA

Been incarcerated since 7/2011, and accepted a deal w/strike for 7yrs/85%. When I went to sentencing 365 of my credits were taken for a parole violation of ubscounding.When I originally asked my attorney about it, they said not to worry about it at the time, they were focusing on the attempted homicide. 1yr is the Max for violation, and at that time, I had no violent charges, so it would've carried half time. Do I pull my plea, talk to parole board what do I do,i only have till May21 and have family waiting my return.

Attorney answers (3)

  1. Amy Katherine Guerra

    Contributor Level 12

    2

    Lawyers agree

    Answered . That's a hard question to answer without looking at your sentencing report and getting more information. If you feel that you are entitled to more time credits or there was mistake, you should speak with an attorney as soon as possible to see what options you may have to try and resolve the issue.

    Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney... more
  2. Nicholas Maurice Rosenberg

    Contributor Level 14

    2

    Lawyers agree

    Answered . In order to address this question you need to state when you plead to the strike, and when you admitted to the parole violation, whether the parole violation was deemed concurrent, when you received a parole hold. In other words, I agree with the other answer. There is a doctrine of allocating credits that says if you would not have been out of custody but for the strike case then you do not get credits on both the parole violation and the stike if you were already sentenced on the parole violation. If you have no success with your previous attorney I recommend that you contact CCAP, the appellate project. good luck.
    www.losangelesdefenders.com

  3. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You have an attorney: ask him/her.

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