My fiance is incarcerated now on a violation of post release supervision. In 2006 he was sentenced to determinate sentence of 5.5 years plus 3 years post release for criminal possession weapon 2nd a class D violent felony as well as an indeterminate sentence of 2 1/3 to 7 for reckless endangerment 1st also Class D violent felony he did 4 yrs 8 months 14 days flat which the required. 6/7 of his time. Than released in 2011 to begin serving PSR he was violated in 2013 and recieved 12 months came home and was violated again in 2014 and received 16 months now they keep pushing his PSR maximum release date ahead and by the time he completes his PSR he will have served almost 10 years. Is this legal? I'm thinking he can petition for Habeas Corpus relieve under article 70 of the CPLR
This must be a State law prosecution. There are no indeterminate sentences in the Fed, and the crime classifications are different. .
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You have posted this under federal crime, but it seems to be a question of New York law. Given the complexity of your fiancée's situation you should consult with a New York lawyer to get a valid answer. You may want to call the lawyer who represented him on his last revocation.
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I can't give you a specific answer and I am not clear what state we are talking about. There are some obvious general answers that you have probably already thought of. For instance, violations of parole orders are going to come with consequences.
In answering this question, it is not intended that an attorney-client relationship is formed and the information is for general reference only. I am licensed in Michigan and Florida and offer no legal advice outside of those states.
This is not a question about federal law becuase there are no indeterminate sentences under the federal criminal codes. Please reenter your question as a stae question about New York criminal law.
You need to move this from Federal to State category. This is a state charge. Not a federal one. You may get responses that way. I suggest you call his lawyer that has been helping him.
I am a NY criminal defense attorney and a former Asst. DA. While I may feel knowledgeable about a great many things in life, please understand that this does not in any way, shape, or form, constitute legal advice. This is just my take on the question presented. To get an accurate assessment of your case, you need to meet with a lawyer in your area before proceeding forward.
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