My boyfriend was sentenced to 5 years probation 3 years ago. He was told that he would get early release this past August. The paperwork was sent in and he was recently told that the judge decided that No one with an alcohol related offense would be eligible for early release. CAn a judge impose this new stipulation after 3 years? Is there anyone above the judge in the county or state that I could express my concerns to? THank You.

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Originally Posted by TinaCaperton

My boyfriend was sentenced to 5 years probation 3 years ago. He was told that he would get early release this past August. The paperwork was sent in and he was recently told that the judge decided that NOONE with an alcohol related offense would be eligible for early release. CAn a judge impose this new stipulation after 3 years? Is there anyone above the judge in the county or state that I could express my concerns to? THank You.

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Sure, you could write letters to anyone and everyone. I don't know that it will much matter. Is the decision not the release anyone convicted of an alcohol-related offense the Judge's or is it a new Law?

If your boyfriend entered a guilty plea based on the promise of early release, I think you have a legal argument. If he did not and was simply sentenced, I do not think you do.

I'm sure other opinions and experience will come along with more info.

Regardless of a supposed new law regarding early release, the sentencing judge still has the final word if the person gets their probation terminated early or not. This particular judge may deem that the full term of probation is necessary for certain offenders. And no, this is not a new stipulation imposed. He just denied early release.

Early release is a recommendation, not a requirement. So it is always up to the judge, and no it is the judges choice.