My fiance was on probation for drug charges, and was in the car with someone who had a small amount of drugs in her purse and dirty pipe under her seat, which she took responsibilty for. He was pumping gas and had no drugs on him or in his system when they were surrounded and cuffed, but was charged with possession. They said he was guilty by association.
No, he will be eligible for parole based on the guidelines of where his original charge falls on the parole grid. This sounds like a probation revocation that would be worth appealing. When was the revocation hearing?
The sentence for the revocation is parole eligible based on the actual charge his is under sentence. If he was in fact revoked for 3 years based on those facts that is pretty harsh.
If three years of probation have been revoked, then he has to serve some time, but how much is uncertain. It is unlikely he'll serve all three years and the time he's spending in jail awaiting transfer to prison counts two-for-one assuming he doesn't get in trouble in jail. I agree an appeal of the revocation may be a good idea. It sounds like he got a bum deal.
The information I've provided was general in nature and should not be relied upon in your particular situation. Much more detailed information is required before I can provide you with my advice on how, exactly, you should proceed. My responding to your inquiry does not constitute, in any way, an attorney-client agreement or relationship.
If your fiance wants to appeal his probation revocation hearing, he would have to do immediately. An appeal of a probation revocation hearing is discretionary and the time limit to file such an appeal is 10 days. If the 10 days has come and passed, then your fiance as two options: a.) file a motion to reconsider the sentence imposed by the judge, or b.) file a writ of habeas corpus challenging the determination made by the judge in the probation revocation hearing.
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