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brittanyceleste · #1 12-20-2008, 12:00 AM

Hello, my name is Brittany. My boyfriend is in WVDOC for violating probation March 2008. He was first held in Tygart Valley Regional, Martinsburg, then Northern Correctional where he is now.

He went up against the parole board September 30th (his first time-which I've heard they usually deny first-timers) needless to say he did get denied. His next projected parole hearing is March 2009. He said they *have* to let him out then...he tried to explain it but I didn't understand and did not want to use up the entire fifteen minutes trying to understand the difference between a flat and set-up.

Do any of you know the difference? I can't take it if he is in there any longer...

LoveMyCreekMud · #2 12-20-2008, 07:28 AM

Do you know when his discharge date is? He might discharge before he see's them again. My boyfriend is in for a violation as well and was denied when he went before the board and they set a new date for 05/16/09 but he will discharge his sentence on 04/01/09. Other than that, I'm not sure, someone else my can fill you in though. If you don't already know about it you can go to www.wvdoc.com and do an offender search and it will tell you his discharge date. You have to search by his DOC number right now because the name search is still down.

justvicki · #3 12-20-2008, 05:51 PM

WV sentencing laws can be very confusing, and when you throw a parole board into the mix, it only gets worse.

First of all parole is not guranteed to any inmate. The board has the right to deny parole until a sentence has expired and an inmate is released. So, if someone sees the parole board and is denied, they do not have to grant parole at the next hearing date, no matter how many times they have seen the board previously.

LoveMy gave you some good advise. If an inmate expires a sentence before their next hearing date they do not see the board, and are simply released. Check the WVDOC website and you will be able to see his sentence, date of next parole hearing, maximum parole discharge date, and projected release date. Maybe this would make it a little clearer for you.

Good luck and welcom to PTO!

brittanyceleste · #4 12-21-2008, 12:06 AM

Yeah, I already knew about the WVDOC site...what if it doesn't have a maximum parole discharge date?! Because his doesn't.

His next parole hearing is March 1, 2009 and Projected Release Date is May 9, 2011 but his maximum parole discharge date is blank...???

justvicki · #5 12-21-2008, 03:16 AM

What was his original sentence?

brittanyceleste · #6 12-21-2008, 09:09 AM

Operating Or Attempting To Operate Clandestine Drug Laboratories

And he violated probation by drinking.
His first time he got in trouble was in 2004

justvicki · #7 12-22-2008, 12:08 AM

That particular charge carries a sentence of 2-10 years. Based on this, if he was first charged with this in 2004, then his maximum parole discharge date should be 2014. However, since he was on probation, violated and then incarcerated, I am really not sure how they are calculating his time.

brittanyceleste · #8 12-24-2008, 10:33 PM

Quote:

Originally Posted by justvicki

That particular charge carries a sentence of 2-10 years. Based on this, if he was first charged with this in 2004, then his maximum parole discharge date should be 2014. However, since he was on probation, violated and then incarcerated, I am really not sure how they are calculating his time.

I don't know either, I know nothing about the whole jail thing, I'm new to it... well, a year now almost, but still new...
I don't know what to expect. I just hope and pray he will be out in March.

Merry Christmas everyone!!

robs_angel · #9 12-25-2008, 11:15 PM

Welcome to PTO and the WV forum.

brittanyceleste · #10 01-06-2009, 11:36 PM

Thank you.

I have more info to report.
The parole board told him last time he needed to have a job and take classes in order to get out. Since Sept. 30 when he was denied he had been applying for jobs and had a total of approximately fifteen. He checked with them the other day and they stated they didn't have the applications.
All FIFTEEN of them were gone. I guarantee you someone threw them away, there is no other reasoning for all of them to disappear.

I am afraid now the parole board will hold this against him.

justvicki · #11 01-07-2009, 12:48 AM

I agree that something sounds suspicious. Maybe a few could have gotten misplaced, but it is very doubtful that all 15 would be missing without "help". He should check to see if a copy machine is available to inmates. If so, then he should copy his applications before submitting them, and then send those copies out to you for safe keeping, so they don't mysteriously disappear from his cell. If he is unable to make copies, have him send the application to you, you keep the copies of them that you make, and then send the applications back to him. He should send either the copies or applications to you via registered mail and if you make the copies, send the applications back the same way. That way if it happens he should not be able to find employment before he sees the board, his attempts will be documented.

Good luck!