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New York Parole, Probation, Work Release & Release All information & questions relating to parole, probation or release in New York should be posted here.

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  #1  
Old 05-09-2006, 08:43 PM
Julie3340 Julie3340 is offline
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Default determinate and non determinate??

Just a question? Our Lawyer gave us a couple of scenerios for a dterminate 3.5 flat bid or non determinate 2.5-7 years?

What happens with the latter? I am kind of confused about all of this and need help so we can make some kind of decision.

Also, my boyfriend goes for his plea on the 19th and then they do PSI which our Lawer said could take 4 to 12 weeks. That will make him in county for almost 5 months. Because he has not been "sentenced" or really formally charged I guess, will these past 5 months come off his sentence? I know I have asked that before but he has been in their custody so I am assuming it is timed served?

Any help would be greatly appreciated.

Thanks,
Julie
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  #2  
Old 05-09-2006, 10:29 PM
jimbo111 jimbo111 is offline
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Quote:
Originally Posted by Julie3340
Just a question? Our Lawyer gave us a couple of scenerios for a dterminate 3.5 flat bid or non determinate 2.5-7 years?

What happens with the latter? I am kind of confused about all of this and need help so we can make some kind of decision.

Also, my boyfriend goes for his plea on the 19th and then they do PSI which our Lawer said could take 4 to 12 weeks. That will make him in county for almost 5 months. Because he has not been "sentenced" or really formally charged I guess, will these past 5 months come off his sentence? I know I have asked that before but he has been in their custody so I am assuming it is timed served?

Any help would be greatly appreciated.

Thanks,
Julie
3 1/2 flat bid is 42 months he will CR (Conditional Release) in 3 years. He serves 6/7 inside and 1/7 on parole.

2 1/2 to 7. He will have a parole hearing @ 2 1/2 and if granted he goes home then. He will CR 4 2/3 years. 2/3 of MAX inside, 1/3 on parole.

It a hard decision to make. Because if you feel he won't make parole and CR him. He would do better to take the flat bid. However, if you feel he will make parole than the 2 1/2 to 7 is the best shot.

Yes the time served will count.
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Old 05-10-2006, 07:15 AM
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Default if it were my son of loved one

I would take the flat bid--it is very rare to get out on the first board and since they are offering a flat bid --I will assume the offense is violent--Violent offenders nearly never get out on the first board (or 2nd for that matter). I would take the flat(determinate) bid. However, you need to look at the plea too--if taking the non-dterminate bid means they let him plead to a non-violent offense--then you do have something to think about. If he pleads to a non-violent offense, he would be eligible for work release for the last 2 years of his bid--and work release can turn into a virutal stay at home.

So find out: If it is just a difference in type of sentences you are offered, then I would recommend the flat bid. If, however, you are being offered to plead to two differing charges, you need to understand the difference between the two, most especially if one is considered violent and one non-violent. Ask and bring the answers back to us and we will help you more.
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Old 05-10-2006, 05:24 PM
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Flat Bid offenders DO NOT get out and serve the rest on Parole. He will serve the time and he does not have to serve Parole. He can qualify for CR date though, and be released in about 3 years if he takes the Flat Bid, but he has to serve that time with no marks against him or they can take good time away.

If he does not do a FLAT bid, he does go to the parole board in about 2.5 years and if he is a NON VO, and this is his first bid, he has a better chance of being paroled. If he gets out at 2.5 years, he will have to serve the rest out here on parole.

I honestly cannot say which one is better, but maybe someone who has experienced this can help you more.
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Old 05-10-2006, 06:45 PM
DeucesRWild DeucesRWild is offline
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Most, if not all, flat bids come with Post Release Supervision (which is in essence, the same as parole). PRS is for either 1, 3 or 5 years.
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Old 05-10-2006, 08:01 PM
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PRS is not Parole it is different we don't want to confuse them really. Those with Flat Bids do not see a PB and they do not come home on Parole
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Old 05-11-2006, 05:18 AM
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Quote:
Originally Posted by JenG
PRS is not Parole it is different we don't want to confuse them really. Those with Flat Bids do not see a PB and they do not come home on Parole
True, flat bids do not see a parole board. However, they do go on parole for the last 1/7th of there MAX if they CR. Then after MAX they roll into Post Supervision which can be up to 10 years. Post Supervision is the same as parole. Just a differrent name. Post Supervision is run by the parole department. You still have to report (maybe not as often as parole) to the same PO as you did when on parole.
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Old 05-11-2006, 03:17 PM
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Default PRS is run exactly the same as parole

but it is not parole. Except it is the exact same thing by a different name-juts the parole board does not meet with you-it is part of your actual sentence.

Many lawsuits are being formed to challenge this right now as it is, essentially, illegal sentencing.
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Old 05-11-2006, 07:45 PM
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Let me enlighten you all. In my opinion if i were you i would take the flat bid if it is NON-VIOLENT! It is in fact true that flat bids are being given to non-violent offenders. my husband is in for a non-violent drug charge and is serving a 3 year flat bid. Theses flat bids are very common here in upstate new yok. now let me tell you contrary to what everyone is saying about flat bids and having to serve 6/7 of the term, that is so untrue. it all depends on the nature of the crime. my husband for instance is non-violent and does NOT have violence even in his history. He is in fact eligible for merit release and this is right on his doc page. also he just met with his counseler and he is also eligible for supplemental time and he also can get CASAT and work-release and in fact he is seeing the temp release committee on this next month. that is not to say he will get either one but in reality it does not matter if the sentence is determinate or indeterminate. 2 of my husbands friends also recieved a flat bid for non-violent crimes, one recieved 2 years and only served 1 and the other recieved 3 and only served 18 months. When we here flat bid everyone is really quick to jump and say 6/7 of the term, lets not put everyone in that category because it truly is individualized. Now regardless if my husband recieves CASAT or work release he should still go in front of the board, yes, in front of the board in april of 2007 and he was sentenced in august of 2005! Some do still get out earlier but they do not go in front of the board actually their paperwork for early release goes directly to albany. i hope i helped and did not come across harsh because i did not mean to do that but i just want to state the facts as i see them in my own personal experience.
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  #10  
Old 05-11-2006, 08:17 PM
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This turned out to be a very informative and interesting thread, thanks people!
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