Goshen, IN asked in Criminal Law for Ohio

Q: Why would someone that has served there full sentence be placed on parole

The inmate servered 5 years and 4 months of the five year sentence and is being placed on parole

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3 Lawyer Answers
David Edward Boyle
PREMIUM
David Edward Boyle
Answered
  • Criminal Law Lawyer
  • Monroe, GA

A: It is not possible to serve a sentence longer than you were originally given. If the person is still under parole you may have the ability to pursue a civil action against the government. I would first obtain copies of all criminal sentences that the person has at the respective clerk's offices. Look for any sentences that may have tolled, or stopped running, or additional sentences that may have been set to run consecutive to the original sentence. If you cannot figure it out I would suggest you hire a lawyer if you believe the person should no longer be under state supervision.

Dimitrios Makridis agrees with this answer

Patrick DiChiro
Patrick DiChiro
Answered
  • Criminal Law Lawyer
  • Independence, OH

A: THEY ADVISE YOU WHEN YOU PLEA THAT YOU MAY BE SUBJECT TO POST RELEASE CONTROL. IN FACT, IN CERTAIN CIRCUMSTANCES IT IS UP TO 5 YEARS.

ANYWAY, I WOULD PURSUE COUNSEL TO LOOK AT WHY AN ADDITIONAL 4 MONTHS WAS SERVED.

PAT DICHIRO

Dimitrios Makridis agrees with this answer

Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: It’s almost certainly post-release control, not parole. Parole, which is becoming less and less common in Ohio now that most crimes have definite not indefinite sentences, is early release from an indefinite sentence, a sentence that’s not specific but has a range like 5-25. Post release control is supervision following release on a definite sentence, one that is specific like 5 years. Post release control is a part of many felony sentences in Ohio. It is imposed at the time of sentencing, so the defendant should be aware of it. If it was not imposed at sentencing, it may be void and therefore avoidable.

Dimitrios Makridis agrees with this answer

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