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-   -   Help! Heís being held passed his max date (http://www.prisontalk.com/forums/showthread.php?t=722111)

Sirenasilon 04-10-2020 09:23 PM

Help! Heís being held passed his max date
 
So my boyfriend went back into custody on 2/10 for a VOP. Heís been in Rikers ever since. His max date is tomorrow and heís still in custody. The lawyer says they could hold him past the date, but itís illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normal?

onedayatatime13 04-10-2020 10:12 PM

Is he on a parole hold waiting to see the board?

I would probably call/email the public advocate's office. P

ambermarshall11 04-10-2020 10:37 PM

Quote:

Originally Posted by Sirenasilon (Post 7816059)
So my boyfriend went back into custody on 2/10 for a VOP. Heís been in Rikers ever since. His max date is tomorrow and heís still in custody. The lawyer says they could hold him past the date, but itís illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normal?

How do you no they won't release him tomorrow since his date of release is tomorrow they might just release him tomorrow from there

Ms Sunny 04-11-2020 10:51 AM

[quote=Sirenasilon;7816059]So my boyfriend went back into custody on 2/10 for a VOP. Heís been in Rikers ever since. His max date is tomorrow and heís still in custody. The lawyer says they could hold him past the date, but itís illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normalL


Did he have any post release (PRS) attached to his original bid that he violated?

Sirenasilon 04-12-2020 08:45 PM

Quote:

Originally Posted by ambermarshall11 (Post 7816075)
How do you no they won't release him tomorrow since his date of release is tomorrow they might just release him tomorrow from there

They havenít released him yet.... the public defender on his case says MAYBE heíll get on Monday. But that all they can do is file an emergency writ.

Sirenasilon 04-12-2020 08:47 PM

[quote=Ms Sunny;7816119]
Quote:

Originally Posted by Sirenasilon (Post 7816059)
So my boyfriend went back into custody on 2/10 for a VOP. Heís been in Rikers ever since. His max date is tomorrow and heís still in custody. The lawyer says they could hold him past the date, but itís illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normalL


Did he have any post release (PRS) attached to his original bid that he violated?

Nope... no post release

onedayatatime13 04-12-2020 09:04 PM

If not released tomorrow, I would call your council person's office as well as the public advocate.

Sirenasilon 04-12-2020 09:06 PM

Quote:

Originally Posted by onedayatatime13 (Post 7816072)
Is he on a parole hold waiting to see the board?

I would probably call/email the public advocate's office. P

No, he had a final revocation hearing but it was adjourned a few times. Then no further date was given.

frees 04-12-2020 09:08 PM

I have seen them hold people weeks after the judge ordered someone released. Whether or not that is normal....idk....but it should NOT become a norm. THey normally do this to people they are stealing from. If you man or woman is in the arts or science. They jack all their shit and throw it into their library of congress.

sass4221 04-12-2020 09:20 PM

Quote:

Originally Posted by Sirenasilon (Post 7816059)
So my boyfriend went back into custody on 2/10 for a VOP. Heís been in Rikers ever since. His max date is tomorrow and heís still in custody. The lawyer says they could hold him past the date, but itís illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normal?

In my state (KY) one does not get credit for street time if they violate probation or parole. Are you saying this max date is from before he violated? Is he really entitled to that time? Or will his max date be extended because he violated? Did he commit a new offense? Did he abscond? What was he violated for?

onedayatatime13 04-12-2020 10:08 PM

Generally speaking, when pick up for a parole violation time stops until it is rectified at the hearing. This has t happened yet, so it sounds like he is in limbo so to speak. With the crap going on in Rikers, you'll probably have a chance of winning a fight to have him released until that hearing can take place. I know they are trying to do them virtually now through the regular courts.

If he absconded or picked up new charges, then you may have more of a fight on your hands.

Ms Sunny 04-13-2020 12:38 AM

Either scenario, in NY if he still has time to serve on this bid past his parole hearing time, he is not illegally being held. The time is running whether it's outside or inside. Unfortunately, since his parole is for NYS, not NYC, he will need to come to state custody to have his time computation done. Rikers doesn't do it. The revocation time is a guideline, but in this situation we are all in now, and depending on what caused his delinquinency (parole violation, absconder, new bid) all of these factors come into play. This all falls into the hellish spot of waiting to see what the heck will happen, because this whole situation is unheard of. So make calls, do whatever you can. This is all unchartered territory. Call the parole office and ask for the Bureau Chief.


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