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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 04-10-2020, 09:23 PM
Sirenasilon Sirenasilon is offline
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Default Help! Hes being held passed his max date

So my boyfriend went back into custody on 2/10 for a VOP. Hes been in Rikers ever since. His max date is tomorrow and hes still in custody. The lawyer says they could hold him past the date, but its illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normal?
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Old 04-10-2020, 10:12 PM
onedayatatime13 onedayatatime13 is offline
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Is he on a parole hold waiting to see the board?

I would probably call/email the public advocate's office. P
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Old 04-10-2020, 10:37 PM
ambermarshall11 ambermarshall11 is offline
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Quote:
Originally Posted by Sirenasilon View Post
So my boyfriend went back into custody on 2/10 for a VOP. Hes been in Rikers ever since. His max date is tomorrow and hes still in custody. The lawyer says they could hold him past the date, but its illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normal?
How do you no they won't release him tomorrow since his date of release is tomorrow they might just release him tomorrow from there
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Old 04-11-2020, 10:51 AM
Ms Sunny Ms Sunny is offline
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[quote=Sirenasilon;7816059]So my boyfriend went back into custody on 2/10 for a VOP. Hes been in Rikers ever since. His max date is tomorrow and hes still in custody. The lawyer says they could hold him past the date, but its illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normalL


Did he have any post release (PRS) attached to his original bid that he violated?
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Old 04-12-2020, 08:45 PM
Sirenasilon Sirenasilon is offline
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Originally Posted by ambermarshall11 View Post
How do you no they won't release him tomorrow since his date of release is tomorrow they might just release him tomorrow from there
They havent released him yet.... the public defender on his case says MAYBE hell get on Monday. But that all they can do is file an emergency writ.
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Old 04-12-2020, 08:47 PM
Sirenasilon Sirenasilon is offline
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[quote=Ms Sunny;7816119]
Quote:
Originally Posted by Sirenasilon View Post
So my boyfriend went back into custody on 2/10 for a VOP. Hes been in Rikers ever since. His max date is tomorrow and hes still in custody. The lawyer says they could hold him past the date, but its illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normalL


Did he have any post release (PRS) attached to his original bid that he violated?
Nope... no post release
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Old 04-12-2020, 09:04 PM
onedayatatime13 onedayatatime13 is offline
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If not released tomorrow, I would call your council person's office as well as the public advocate.
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Old 04-12-2020, 09:06 PM
Sirenasilon Sirenasilon is offline
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Quote:
Originally Posted by onedayatatime13 View Post
Is he on a parole hold waiting to see the board?

I would probably call/email the public advocate's office. P
No, he had a final revocation hearing but it was adjourned a few times. Then no further date was given.
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Old 04-12-2020, 09:08 PM
frees frees is offline
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I have seen them hold people weeks after the judge ordered someone released. Whether or not that is normal....idk....but it should NOT become a norm. THey normally do this to people they are stealing from. If you man or woman is in the arts or science. They jack all their shit and throw it into their library of congress.
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Old 04-12-2020, 09:20 PM
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sass4221 sass4221 is offline
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Quote:
Originally Posted by Sirenasilon View Post
So my boyfriend went back into custody on 2/10 for a VOP. Hes been in Rikers ever since. His max date is tomorrow and hes still in custody. The lawyer says they could hold him past the date, but its illegal. No one seems to have any answers for who to talk to and how to get him released! Is all of this normal?
In my state (KY) one does not get credit for street time if they violate probation or parole. Are you saying this max date is from before he violated? Is he really entitled to that time? Or will his max date be extended because he violated? Did he commit a new offense? Did he abscond? What was he violated for?
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Old 04-12-2020, 10:08 PM
onedayatatime13 onedayatatime13 is offline
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Generally speaking, when pick up for a parole violation time stops until it is rectified at the hearing. This has t happened yet, so it sounds like he is in limbo so to speak. With the crap going on in Rikers, you'll probably have a chance of winning a fight to have him released until that hearing can take place. I know they are trying to do them virtually now through the regular courts.

If he absconded or picked up new charges, then you may have more of a fight on your hands.
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Old 04-13-2020, 12:38 AM
Ms Sunny Ms Sunny is offline
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Either scenario, in NY if he still has time to serve on this bid past his parole hearing time, he is not illegally being held. The time is running whether it's outside or inside. Unfortunately, since his parole is for NYS, not NYC, he will need to come to state custody to have his time computation done. Rikers doesn't do it. The revocation time is a guideline, but in this situation we are all in now, and depending on what caused his delinquinency (parole violation, absconder, new bid) all of these factors come into play. This all falls into the hellish spot of waiting to see what the heck will happen, because this whole situation is unheard of. So make calls, do whatever you can. This is all unchartered territory. Call the parole office and ask for the Bureau Chief.
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