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mi33in him · #1 01-29-2010, 11:26 AM

My fiance was sentenced 2 1-10s on b&e and a 1-5 on conspiracy which is 3-25 that sentence was suspended and he was sentenced 6 mnths to 2 years he did 15 mnths in anthony correctional brought back to court on sept23 2008 and received 3 years on probation he was discharged from probation on july 7 2009 and was sent back to southern regional jail . He was put into drug court but stayed in the regional until he could go to rehab first . Sept 12 he went to rehab and completed it dec 11 and came home . Dec 29 he went back to the regional because he was dirty he was there 9 days and they let him back out . jan 22 home con called and he was in the bathroom they were in driveway he couldnt go again right then so they took him back into custody . He was honestly clean this time when he got to the holding facility he had to use restroom he told them he would stay in there but wanted to be tested so they didnt think he was dirty but they wouldnt let him ..There not wanting him to come back here now they want to send him to a halfway house in charleston. Were engaged and im pregnant with his child . I dont do drugs so i dont understand why they dont want him here , but i called parole board because he said to see how much time he would have to do because he wanted out of the drug court and there saying 6 mnths would kill his sentence he says thats not right because he messed up probation so it went back to the original sentence . I dont know about this kind of stuff , but he has done 15 mnths in anthony co and about 7 mnths in the regional so how much time would he have to do before he would come up for parole or to kill his sentence? If it went back to original sentence why does parole board still have the 6mnths to 2 years instead of the 3 to 25? Thank you for any help you can give its greatly appreciated .

Littleboooh · #2 01-29-2010, 11:54 AM

Quote:

Originally Posted by mi33in him

My fiance was sentenced 2 1-10s on b&e and a 1-5 on conspiracy which is 3-25 that sentence was suspended and he was sentenced 6 mnths to 2 years he did 15 mnths in anthony correctional brought back to court on sept23 2008 and received 3 years on probation he was discharged from probation on july 7 2009 and was sent back to southern regional jail . He was put into drug court but stayed in the regional until he could go to rehab first . Sept 12 he went to rehab and completed it dec 11 and came home . Dec 29 he went back to the regional because he was dirty he was there 9 days and they let him back out . jan 22 home con called and he was in the bathroom they were in driveway he couldnt go again right then so they took him back into custody . He was honestly clean this time when he got to the holding facility he had to use restroom he told them he would stay in there but wanted to be tested so they didnt think he was dirty but they wouldnt let him ..There not wanting him to come back here now they want to send him to a halfway house in charleston. Were engaged and im pregnant with his child . I dont do drugs so i dont understand why they dont want him here , but i called parole board because he said to see how much time he would have to do because he wanted out of the drug court and there saying 6 mnths would kill his sentence he says thats not right because he messed up probation so it went back to the original sentence . I dont know about this kind of stuff , but he has done 15 mnths in anthony co and about 7 mnths in the regional so how much time would he have to do before he would come up for parole or to kill his sentence? If it went back to original sentence why does parole board still have the 6mnths to 2 years instead of the 3 to 25? Thank you for any help you can give its greatly appreciated .

I am curious, how long of a wait did he have before he went to Anthony Correctional Center. Why was he there so long? My son was on home confinement and due to a rule broken now in NCRJ awaiting a hearin regarding HC revocation which is on 2/2/10. The original sentence was for the HC and then ACC if he broke any rules. So depending on what the judge says he may be going there. Curious as to what it was like there for your man?

Thanks.

mi33in him · #3 01-29-2010, 02:00 PM

He was in the regional for about 3 months after he was sentenced . The acc is 6 months to 2 years so i think thats why it was 15 mnths but i beleive he was there 12 mnths and they added the 3 months that he was in the regional to it . He said it was ok there but i mean its a prison so they couldnt like it all that much...

Littleboooh · #4 01-29-2010, 07:38 PM

So he had about a 3 month wait until he went there? Yes it is prison but what I have heard is it is much better than the others. Did he learn a trade.

justvicki · #5 01-29-2010, 08:31 PM

When you said that your fiancee was sentenced on 2 1-10s and a 1-5, the judge would have had to order that the sentences run consecutively to get a 3-25 term; meaning in order to be discharged without parole you would have to do 12.5 years.

However, he was committed to the Anthony Center with a 6 month to 2 year sentence which is entirely different. If you successfully complete the program there (and it sounds as if he did) you are placed on probation. The best place to clarify his sentencing information and time served is to have him write to Diane Skiles at the Central Office in Charleston:

Diann Skiles, Records Manager
WV Division of Corrections
112 California Avenue, Room 300
Charleston, WV 25305

It seems as though his probation officer feels he needs to be in a more structured environment in a half-way house in order to successfully complete his drug court programming rather it being an issue of not wanting him to be around you.

Good luck!

justvicki · #6 01-29-2010, 08:47 PM

Just some statistical information about the ACC. In fiscal year 2008-2009 (which ended recently) there were 228 commitments to the Anthony Center and 313 court ordered releases (which what it is called when the offender successfully completes his/her programming there).

mi33in him · #7 01-29-2010, 09:38 PM

I called charleston to see earlier today about it and the lady i spoke to said where he wasnt in doc custody that she didnt know because he would have to be resentenced and see what good time the judge was goin to give him . He did complete the acc but he didnt make it but 9 months out of the 3 years of probation . When he was put into the drug court the judge told him if he didnt make it through it he would make sure he did the 12.5 years and only 2 of those charges were consecutiveley a 1-10 and the 1-5 . Its just a reakky akward situation that has me really worried.. Thanks !!

justvicki · #8 01-29-2010, 11:03 PM

Unfortunately, should the judge deem the offender to be unfit or or have repeatedly broken the rules of their probation they can be returned to the committing court to receive their original sentence and the judge can also decide whether or not he will grant the offender any time served. Until then he remains under the supervision of the probation department and drug court. Hopefully they will decide it in his best interest to send him to a halfway house and allow him to remain on probation rather than send him to prison where he will be at the mercy of a parole board.