My boyfriend was unsuccessfully discharged from a 90 D&A program due to an arguement with a staff member. He recv'd a citation for Harassment other sub. to physical contact. At his prelim hearing he was advised to plead guilty and pay the fine so it would be a closed charge and to do so within 10 days and then the agent how violated him as well as the other "powers that be" at the hearing agreed to recommend 60 days in a PVC. I paid the citation and it was closed a few days later. However, the agent never returned calls from me or the defendor for weeks! When she finally submitted the case to the board he still had the open summary charge therefore he recv'd a 12 month hit for the unsuccessful discharge stating something about the open charges-not enough room left for the rest....
The greensheet stating something about the open criminal charges. My question is, if the charges were closed at the time the board recv'd his paperwork is the board allowed to take a closed case into consideration when determining his punishment for the other violation? Would that not be looking at it with bias?
Criminal Defense Attorney
The parole board can look at almost anything when making a determination. Of course, their decision must be based on facts and the law and not any bias they may have for or against an inmate. As for considering the closed citation in which he pled guilty, ? They can consider this in making their determination.
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