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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?

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. 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 client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information provided here is for general purposes only.


  2. 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

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