Guymon, OK asked in Criminal Law for Oklahoma

Q: My fiance' was sentenced to a DOC program in prison.DOC says he dont meet the guidelines for it.So hes just sitting ther

For the past 3 months he's been sitting in a holding cell.Loc ⁸% With no new program offered. And this time spent is not counting for anything. Is this legal.? So how do we go about submitting a MODIFICATION PETITION to the warden for a different program. They saying he wont be released until 2025.

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1 Lawyer Answer
David A. Cincotta
David A. Cincotta PRO label
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: I assume here that the sentence was for a set number of years in DOC custody, but the balance is to be suspended upon him successfully completing a certain (type of) program.

I highly encourage you to contact the attorney who represented him at the time of his sentencing. It is possible they did not know that he would not be eligible for the program or that he would not be permitted to go to the facility where the program is offered. DOC may have other programs that might meet the intentions of the parties, but depending on the wording of the Judgment and Sentence, DOC cannot release him if he does not do the specific program. Often times, just some wording changes to the Judgment and Sentence can open up other programs that might be comparable to the one he was originally ordered. It could be some other reason too. Contact the attorney and see if he/she can help.

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