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    Starlytia's Avatar
    Starlytia Posts: 15, Reputation: 1
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    #1

    Sep 5, 2011, 03:23 AM
    Can you appeal a work release sentence for parole violation?
    If he abscond the WR, how much jail us he looking at? Can he even appeal it? What if he refuses to go and wants to do jail time instead? He already has close to 9 grand in restitution to pay and work release will be an additional 3 grand! All for a parole violation that he couldn't even help but get since he was being sentenced for something totally different a week later. He basically didn't register for community service because he was facing sentencing for new charges and that wasn't a PV but he didn't change his address with his PO and that led to the PV, and he ended in jail a week before sentencing and a week later got the work release sentence for the PV. Why can't he just get time served since he us in there already? Is it even worth appealing? Could he get a worse sentence? We have until the 16th to figure this out. He wants to work but I have cancer and he takes care of me, my daughter goes back to school soon and then I'll have no one and if he is in WR for 4 months? Ugh anyone? Help
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 5, 2011, 09:03 AM
    If he has work release, he can request to serve the time in prison instead. Any and all time he was on probation does not court if he is being revoked, he could serve in prison his entire probation sentence.

    His new charge may alsohave additional time.

    He may plea bargan to serve his first and second sentences together.

    But most likely he will be in prison or jail for much longer than 4 months, there is no chance of him being home,
    I doubt they allow work release again.
    Starlytia's Avatar
    Starlytia Posts: 15, Reputation: 1
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    #3

    Sep 5, 2011, 11:10 AM
    Thanks, I talked to a lawyer earlier and you are correct. I'm so new to all this. I didn't mean to ask the same question twice. I'll get it eventually :)

    Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 5, 2011, 01:29 PM
    That's OK, gives us a chance to answer twice, many of us love to hear the sound of our own voice. LOL

    I know this has to be hard for you, and so much is happening right now. The best thing, for you and him, not to talk to anyone, even a PO about it, without talking to your attorney first

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