A family member of mine has just been told he will be going to the Parole Board in June 2016 which is 2 months away. He is eligible for Parole under the new SB261 law. He has been incarcerated for 16 years and has done an astonishing job in Prison in the 16 years as far as classes and certificates. (he has over 100). He was charged and sentenced at the age of 20 for a crime he did not commit. We NOW have evidence from both Victims who initially testified against him, who are now BOTH stating that he was not the person responsible for this. He also went to court 2 months ago fighting another charge in prison which was dropped. AND the judge even removed a strike from his original case. He should not have been given 2 strikes for one crime without any priors. Now, going to the Parole Board, I understand they like to hear remorse from the inmate as well as acceptance of their wrong doing. But in a case like this where someone stands by their innocence, is this a smart idea when going to Board? Will the Parole Board review the new evidence and take that into consideration? Is the Board against someone still standing by their innocence? I appreciate any feedback. Thank you!!!
The Parole Board likes to hear about "acceptance of responsibility" and "remorse" and "rehabilitation" NOT "standing by their innocence." Someone who goes before the Parole Board profession their innocence has NO CHANCE of being paroled.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
What is the ultimate goal? To get out at early as possible? Or to be right?
My father used to say "it makes no sense to be dead right". I never understood that as a kid. I sure do now.
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Mr. Finnecy is correct, without remorse he does not stand a chance. Now, if there really is exculpatory evidence you should be talking to attorney who handles these type of situations, maybe the innocence project. Good luck
Looms from the other answers as though the CA parole board is the same as in NY. If your family member wants to fight for his innocence then he can forget about ever getting out on parole. Go see an attorney to see if there is any way of reopening the case. I'd say the best chance he has of getting out sooner is to accept his responsibility and not proclaim innocence.
I agree with Mr. Rinaldi. Your relative must decide what the ultimate goal is: freedom or justice. Is it more important to get out of jail or to clear his name? As everyone has indicated, he has ZERO chance of parole if he claims his innocence. It does not matter how many certificates he has. If his priority is to clear his name, it is going to take time.
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