My husband was arrested for a crime and essentially convicted after serving his county time he was sent to serve back time with the state they have him 9 months. In addition they also took away 3 years "street time" on parole. Changing his max time from 2013 to 2016. Can the parole board do this or does it have to go to a judge?
Criminal Defense Attorney
Although there is some lack of clarity in your question like your husband being "essentially convicted" of a crime while on state parole, what the PBPP has done is correct. A "convicted violator", that is someone convicted of a new crime while on parole, loses "street time", time counted toward the max date. They recalculate the maxi date by adding the street time to the previous max date. Judges are not involved in this process except for appeal from Board action which goes to the Commonwealth Court. Doesn't sound like anything occurred that is contrary to law or the Board's regulations. To be certain you would have to consult with an experienced criminal defense attorney in your area privately.