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If served all time given and still have 3 year post release supervision pending how does incarceration work towards that?

Babylon, NY |

My husband was sentenced to a 3-6 and a 4 flat with 3 years post release supervision. He as of this date served all of his time but the 3 year post release supervision is still supposed not fullfilled. He has violated his parole 5 times. He is currently being detained in a correctional facility for the 5th violation. He has no time left on his sentences to serve so how will the time he is doing now until his hearing and any time they try to give him be applied to his post release supervision since that is the only place he owes time. I am under the impression that he has to serve 3 years in the community under supervision so how is incarcerating him helping him to do fulfill that requirement. He owes less than half of his post release supervision time. They keep pushing his max date back.

Attorney Answers 4


  1. Best answer

    Due to the PRS, he can be kept in until that time is completed. They do not have to let him on the street for any of his PRS time if they find he keeps violating the terms of his supervision.

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. The facts in your question don't add up. He either got one of two types of sentences. A determinate sentence which is for a specific period of time and when released is then subject to post release supervision. There is no parole on a determinate sentence. The other type of sentence would be an indeterminate sentence. This has a minimum and maximum term. If released prior to maxing out he would be subject to parole. I suggest you discuss this with your husbands attorney. S/he would be able to explain what is really going on.


  3. Your question is a bit confusing. Presumable if he has 5 parole violations, he has an attorney who represents him for these violations. I would suggest you reach out to that attorney and ask your question as they are familiar with all of your husband's records.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com


  4. The facts in your question don't add up. He either got one of two types of sentences. A determinate sentence which is for a specific period of time and when released is then subject to post release supervision. There is no parole on a determinate sentence. The other type of sentence would be an indeterminate sentence. This has a minimum and maximum term. If released prior to maxing out he would be subject to parole. I suggest you discuss this with your husbands attorney. S/he would be able to explain what is really going on.
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