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  #1  
Old 10-02-2005, 09:35 AM
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Exclamation Parole Sentence Concurrent with New Sentence?

My husband pled guilty Friday to Class 5 felony and was sentenced to 2 years. He had 6 months left on his parole. Does anyone know if it's possible in Colorado to run the rest of his parole concurrent with his new sentence? If so, what would be the best way? Does he need to make the request at his parole revocation hearing? They should be doing that in the next couple of weeks.

Thanks,

Cindy
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Old 10-11-2005, 02:01 AM
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Every state that I have ever researched has automatically revoked the former parole if client is reincarcerated. In that event, the old parole no longer exists. If parole was reinstated or continued, chances are the client would not be in for very long, just a sort of "lesson". Parole usually isn't like a credit card, where the balance is carried forward.
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Old 10-11-2005, 07:13 AM
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Thanks for the information. I have not been able to get a straight answer from anyone. His parole officer said the court would have had to sentence it to run concurrent, his attorney said it was up to the parole board. Your answer makes sense though, since he served almost all of his original sentence, 21 months out of 24.

Colorado is a very tough state to get any information about. Even information online is old and outdated.

He'll know for sure when he goes in for classification and they figure out his time.

Cindy
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Old 10-13-2005, 08:11 AM
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Default Parole not usually concurrent

Usually when someone commits a new offense while on parole, their parole is revoked. In the federal system you lose ALL of your street time on committing a new offense. You don't even have to be convicted of the offense as long as the parole hearing officer believes you committed the offense.
Also, the issue of the parole violation isn't dealt with until after the sentence for the new offense is served. I was in federal detention in Colorado and there were several guys there who had done Colorado state time. From what I remember of what they said, the parole for any sentences can run concurrent, but you cannot serve parole while you are incarcerated for a new crime.
And you are absolutely correct. Finding out anything about parole is a bitch. Parole commissions are a law unto themselves and rarely respond to queries for information.
I would not just accept what "classification" determines either. The system breaks their own rules all the time and makes errors. You need to find a lawyer well versed in the state system to make sure that your loved one is treated fairly and according to the law.
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Old 10-13-2005, 04:06 PM
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Thanks...I know that Sean talked to several people at Denver County Jail who were running their parole concurrent with misdemeanor sentences. I don't know whether or not a felony would make a difference. He served almost 18 months out of 24 on his mandatory parole. When they sentenced him on 9/30 nothing was said (his lawyer did not want the judge to know he was on parole, thus getting his sentence aggravated). So we just don't know. His revocation hearing was this morning and I haven't talked to him yet. I'll let you know what the hearing officer said if anything.

Thanks!

Cindy
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Old 10-14-2005, 06:04 AM
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Nothing happened at his parole hearing other than having his parole revoked and his Parole Officer making non-factual statements and getting it on the record. Now I'll have to request his statements be stricken from the record. Geez....

Cindy
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