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My son is in prison. His release date is not correct. How can we get help?

Appleton, WI |

His sentence was concurrent to an existing sentence and now they have changed the release date to be 13 months longer than we were told by our attorney it would be.

Attorney Answers 2


Many times there are glitches in the Judgments of Conviction sent to the Records offices of the correctional institutions by the courts that do the sentencing. Sometimes it's as simple as ordering costs by default that the judge never ordered, and some times it's obnoxious like this situation.

My first recommendation would be to have your son talk to the correctional institution's social worker or records person internally; they're usually pretty willing to explain how they came up with the release date. See if he can look at the Judgment of Conviction that was sent to the institution to confirm it's accurate. If it isn't, you might want to look into hiring counsel who can get a copy of the sentencing transcript and confirm that the judge did say that the sentence was to be concurrent and request that the court amend the Judgment of Conviction accordingly.

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There may be many reasons for the different calculation. I would recommend contacting the sentencing attorney and have your son contact the records department at Dodge Correctional if he is still there. Get documentation from the institution and have the attorney explain it. Q

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We contacted the D.O.C. they said the sentence is concurrent from time of sentencing. He was sentenced for 1 crime on Aug. 30 2011 and then sentenced for the other crime on April 30 2012. they said they ran concurrent from April 2012 till Sept. 2012 due to that is when the 2 sentences connected. We wrote to the judge re: this and the DA responded saying from time the plea was given it is concurrent so then he gets 140 days credit. Our attorney told us he would be getting released right around March 2013. Now our attorney says he never said anything. I do believe our attorney is unethical. The final decision is up to the judge, but who is right?

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