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Old 11-30-2018, 05:07 PM
Paul12001 Paul12001 is offline
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Default Boyfriend caught w a phone

My boyfriend had a 4 month sentence. He gets out Dec 7. He got caught nov 13. He is in a camp.he gave them the phone and unlocked it for them and they said since there was nothing they could do they put him in food service until he leaves. That night he got 108 series shot. He did not hear about it until the 28th when a leutinant called him saying it came back and he would hear from DOH IN 5 days then today his counselor called him,down saying they messed up and they had 5 days after shot was given and now it has to ne signed off by warden and they would proceed. He is nervous they won't let him,go,home next week. He has signed his release papers last week though. Any advice to,give him,
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Old 11-30-2018, 05:46 PM
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Let me make sure I understand this

Your boyfriend got caught with a contraband cell phone.

Contraband cell phones are not allowed in prison. Doesn’t matter how cooperative he was with staff. They are a rules violation and sometimes result in real-world charges. They also carry a risk of lost time.

It is possible that he will lose time from his out date because of the rules violation.

If he doesn’t want to lose his out date, he shouldn’t violate the rules. And yes, they can revoke his release date even now.

Advice to give him? Don’t get caught with contraband.

Sorry, I’m not too sympathetic about that. If he is going to play the rules violation game, that’s the inmate’s choice. He has to be willing to suffer the consequences. And no, a guard telling him he won’t lose his date does not make it so.
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Old 11-30-2018, 06:00 PM
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What happens to him will depend on what the prison does with the violation. It sounds like he is a federal prisoner, and a 108 shot is introduction of a hazardous tool (phone) into a bop prison. This link explains all of the possible punishments that can be imposed after a finding of guilt from a district hearing officer, DHO.
https://www.bop.gov/policy/progstat/5270_009.pdf

None of the penalties, except for the loss of earned good time (which he wouldn't be eligible to get on a 4 month sentence anyway), can extend his current sentence, so his release date should not be delayed after a 108 violation.

The other possibility is that having a cell phone inside a federal prison has also been criminalized by Congress, so he may end up being charged with a completely new federal felony crime. That would begin the entire process over again, indictment, arrest, trial or plea, etc.

The bop has discretion in forwarding a prosecution recommendation to the US Attorney, or not, and the prosecutor then has discretion as to filing charges, or not. Hopefully he will be issued some in-prison punishments, and then released at the end of his current sentence.
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Old 11-30-2018, 06:04 PM
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If he is in a type of transition center getting ready for release, they may just write him a DR (discipline report) & possibly add some extra days to his release date. My son was at a camp in GA & in being kind to someone got written up for an infraction. The other person even admitted that my son wasn't at fault but they still wrote him up. They added 7 days to his release date as a consequence. Keep your fingers crossed that this is the worst that happens & he learns from this. Being so close to going home makes you want to shake them for screwing up.
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Old 11-30-2018, 06:21 PM
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Quote:
Originally Posted by GaReform View Post
If he is in a type of transition center getting ready for release, they may just write him a DR (discipline report) & possibly add some extra days to his release date. My son was at a camp in GA & in being kind to someone got written up for an infraction. The other person even admitted that my son wasn't at fault but they still wrote him up. They added 7 days to his release date as a consequence. Keep your fingers crossed that this is the worst that happens & he learns from this. Being so close to going home makes you want to shake them for screwing up.
He is in,a camp. He is direct release. Even the camp admin and leutinant said that they can not doing anything to him.
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Old 11-30-2018, 07:03 PM
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The bop has discretion in forwarding a prosecution recommendation to the US Attorney, or not, and the prosecutor then has discretion as to filing charges, or not. Hopefully he will be issued some in-prison punishments, and then released at the end of his current sentence.[/quote]

That is what they said they can not take good time. Would he be released and then indicted in future for phone if that were to,happen ? He did sign his direct release paperwork Tuesday
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Old 12-01-2018, 12:17 AM
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First my apologies for not being supportive or even sympathetic but he had/has a sentence of FOUR months and he couldn't keep it straight for such a short time? That should tell you something...
Second... when he comes home I hope things will go more smoothly for him and especially for you both.
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Old 12-01-2018, 03:02 AM
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Once he is released, you should consider hiring a criminal defense lawyer to negotiate with the US Attorney before the decision to indict has been finalized.
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Old 12-01-2018, 09:08 AM
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To answer your question, the prosecutor will decide if, and when to charge him. It could be before, or after his release from his current sentence. If before, he would probably not be released until he has seen a judge about the new charges, and any decision on bond/bail would be made by the new judge.
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Old 12-01-2018, 01:30 PM
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What I have learned through this process is that at least in the camps, they view a cell phone as the worst type of contraband there is. Worse than drugs.

Recently, there was an incident in a room in my husband's dorm where someone left a cell phone charger on his bed. It was considered "community space" so the entire room got busted for it. The guy who's charger it was got sent to the SHU soon after for another incident and refused to own up to the phone, so there was a hearing and all the guys in that particular room received a shot, a loss of phone and visiting privileges for 60 days and 23 days added on to their sentences. It clearly wasn't pleasant. They also all tried to get approved to have emergency visits, but were denied. The crappy thing was that the 60 days ended on the Sunday after Thanksgiving and in one case his sister only visits once/year on Thanksgiving. The guy who's charger it really was is moving up to a Low so maybe this was his fu to his roommates, which was a real shitty thing to do, but that's the problem with prison. You can't trust anyone and if you know your roommates have phones or other contraband that can get you in trouble, you're best off making sure it can't bite you in the ass, which is exactly what happened to these 3 other guys!

I agree with Mizzy. For 4 stinking months he couldn't stay off a phone? What was so important he needed a phone for anyway? Geez. Since he must have served his full sentence at 4 months, then perhaps his risk is not a prosecution, but being sent back instead of serving supervised release. I personally however, can't see a prosecutor doing anything with this. It doesn't seem like it would be under their jurisidiction and the prison may not want to deal with it. Also, my understanding is that if you're going to get a shot, they have to do the paperwork and what not within 24 hours of the incident. So, someone dropped the ball here and that should be noted as well.

Good luck, but it is hard to sympathize when guys are in there abiding by all the rules and continuously get screwed because of people like your guy!
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Old 12-01-2018, 05:38 PM
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Quote:
Originally Posted by Paul12001 View Post

That is what they said they can not take good time. Would he be released and then indicted in future for phone if that were to,happen ? He did sign his direct release paperwork Tuesday
If there's no good time to take, then yes, he could still be subject to future prosecution. He might be prosecuted. He might not. And there's nothing that can really be done at this point until they decide to prosecute or to not prosecute. And they don't have to make that decision before releasing him if his current sentence is expiring.
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Old 12-06-2018, 09:20 PM
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Default Boyfriend caught w a phone

I hope all goes well for him. Four month sentence and he was caught with a cell phone. Hopefully he gets out and makes better life decisions. It all depends on the prison. I did hear of a guy who got sent to a halfway house, then they found a cell phone later on with numbers that were traced back to him. Shortly thereafter he was returned to the prison. His nine months halfway house time was revoked along with the year RDAP he got off.

Hopefully nothing happens but tell him to get his act together. It sounds like he didn’t really learn from the original charge that got him locked up. Four months the judge gave him a break. Unlikely he will get a break next time around.
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