[Johnny Luker]

My question falls in to two categories, criminal law and family law. I am fighting for custody of my 3 children. Their mother, my ex wife, is now in jail waiting for her court date for trafficking schedule II drugs. She was in prison for life for murder but got out on parole after 10 years in prison. She was released from parole on an HONOR SYSTEM in 2006 due to supposively no drug use or any other violations. Now she is waiting on a bond hearing to determine her bail. My question is this: Even though she is off parole, which I can't understand how, will her murder record effect her new charges, example: more than 1 felony, multiple violations, etc.

[lgehner]

A lot of your question will depend on the laws in your State. In S.D. if you violate probation, parole or any other conditions of your release, you go back to jail to serve out the remainder of your ORIGINAL sentence. Most states DO NOT purge your record, especially for felonies.

For example, you are arrested for robbing a bank. The Judge orders you to pay a fine, puts you on probation and orders that you violate no laws for 10 years. Under these conditions, your 5 years of jail time is suspended. Then the next year, you rob a grocery store. The Judge will make you serve the time for your bank robbery that was suspended, as well as the time for robbing the grocery store.

If it were me, I would first get a copy of her original sentence. This is public record available through the Clerk of Courts and may cost you a small fee . Then I would look up the laws in your state... most are available online either through your State Bar Association or with various Universities. Otherwise, contact your local legal aid office for assistance. Or, talk with your family law attorney... s/he should be able to get all this information for you and advise you.

I'm not a lawyer and this is just informative information available to everyone. Please contact a lawyer of your choosing for legal advice.

[excon]

Hello J:

It won't affect her charges. It will affect her sentence.

excon

[Fr_Chuck]

Yes, excon is correct it will not have an effect or even be allowed to be mentioned normally in the actual trial, it will be allowed in the sentencing phase.

Also are you sure she is off parole? Normally she would have been on parole for at least 10 years ** just what I am used to see.