Parole Approval for F5-Stalking-Emotional Distress

[ilovemydogs]

Does the Colorado Parole Board ever approve Parole for an inmate convicted of an F5-Stalking-Emotional Distress Charge
My brother has been incarcerated for almost 6 years and pled guilty to F5- Stalking-emotional distress. We are coming up on his 3rd year for a parole hearing in May 2019. His parole hearing in 20172018 were both denied due to 'violent crime'. He has taken more than required courses, he teaches the 7 habits course to inmates, he is a mentor and mediator between inmate conflict and has an impeccable behavior record. Is there anything that we as his family can do or say this time to reconsider approval.

 

[quincy]

Does the Colorado Parole Board ever approve Parole for an inmate convicted of an F5-Stalking-Emotional Distress Charge
My brother has been incarcerated for almost 6 years and pled guilty to F5- Stalking-emotional distress. We are coming up on his 3rd year for a parole hearing in May 2019. His parole hearing in 20172018 were both denied due to 'violent crime'. He has taken more than required courses, he teaches the 7 habits course to inmates, he is a mentor and mediator between inmate conflict and has an impeccable behavior record. Is there anything that we as his family can do or say this time to reconsider approval.

How long was your brother's sentence? Three parole hearings in six years seems unusual.

Your brother should consult with an attorney before his hearing in May. And he will need some positive reports from inside the prison.

It is possible that your brother's victim has had a strong voice before the Parole Board, leading to parole denials.

 

[FlyingRon]

There are 11 specifically listed conditions in determining whether an application for parole in Colorado. Absent knowing what happened there, we can't help. There are lawyers who specialize in this.

There's something missing here.

Not only would an adverse statement from the victim be a problem, if he had subsequent contact with the victim, that's pretty disqualifying. Not even sure which sentence he got. It takes exceptional circumstances to go beyond 7 years (like violating a RO).

 

[ilovemydogs]

How long was your brother's sentence? Three parole hearings in six years seems unusual.

Your brother should consult with an attorney before his hearing in May. And he will need some positive reports from inside the prison.

It is possible that your brother's victim has had a strong voice before the Parole Board, leading to parole denials.

He was sentenced to 2 counts of Stalking-Emotional Distress @ 4.5 years each running consecutive. He was taken into custody in 8/2013 and was sentenced in 2/2015 so that waiting time in jail for sentencing went towards his sentence.

The verdict is done so I'm not making excuses for any behavior but his step-daughter/ex-wife are the two that falsely accused him because he wanted a divorce. They both did this to the step-father/ex-husband prior to my brother as well in Florida but laws are not like they are in Colorado since the signing of "Vonnies Law" so his was unfounded. My brother not so lucky. The ex-wife has moved on and does not write or attend hearings but his step-daughter does and is very vindictive. Her story gets more and more dramatic every year we have gone thru this and we were told that the verdict was done in 2015 and any type of elaboration from that from the victim does not influence the Parole Board. That obviously is not true.

His CM has written very nice things in his portal and his inmate rating is impeccable. Because we reside in Illinois we are not familiar with attorneys in colorado. My family has spent 100k on his original lawyer that was a HUGE disappointment and did not fight for my brother. We don't have alot of money left and don't know how much this will cost.

Please....any suggestions/referrals/information would be so helpful.

 

[FlyingRon]

"I was told" is a very dangerous phrase in anything legal. The victim's statement and the post-conviction interaction with the victim or their family are key factors in probation decisions in Colorado.

We don't do referrals here. The Colorado bar may help: https://www.cobar.org/Licensed-Lawyer

 

[ilovemydogs]

My
"I was told" is a very dangerous phrase in anything legal. The victim's statement and the post-conviction interaction with the victim or their family are key factors in probation decisions in Colorado.

We don't do referrals here. The Colorado bar may help: https://www.cobar.org/Licensed-Lawyer

Thank you. Please understand that a victim should have an impact and again I'm not making excuses. Her family lives in Florida and she lives in North Carolina. My brothers family is in Illinois and we would request for him to be paroled here. They would not even be in close proximity.

 

[quincy]

Thank you. Please understand that a victim should have an impact and again I'm not making excuses. Her family lives in Florida and she lives in North Carolina. My brothers family is in Illinois and we would request for him to be paroled here. They would not even be in close proximity.

Here is a link to the Parole Board criteria:
https://www.colorado.gov/pacific/sites/default/files/C.R.S. 17-22.5-404.pdf
I see a few issues that might have caused - and could still cause - problems with your brother's parole. Illinois, for example, might not accept him for parole or Colorado might not be willing to transfer parole to Illinois.

Your brother needs a good post-prison plan in place, including in this plan the identity of someone who will sponsor him after release. He should have a realistic job possibility.

In other words, his prison conduct is important but it is not all that is considered.

Good luck.

 

[FlyingRon]

That's not how parole works. You need to be talking to an attorney.

 

[quincy]

Getting an experienced attorney to help your brother prepare for the hearing, and to be with your brother during the hearing, will improve your brother's chance of being approved for release.

You can, in addition to the State Bar link provided earlier by FlyingRon, try https://attorneypages.com

 

[Shadowbunny]

....The verdict is done so I'm not making excuses for any behavior but his step-daughter/ex-wife are the two that falsely accused him because he wanted a divorce. They both did this to the step-father/ex-husband prior to my brother as well in Florida but laws are not like they are in Colorado since the signing of "Vonnies Law" so his was unfounded. ..

I hope your brother doesn't take the same stance that he was "falsely accused" in front of the parole board -- that's not going to help.

 

[not2cleverRed]

He was sentenced to 2 counts of Stalking-Emotional Distress @ 4.5 years each running consecutive. He was taken into custody in 8/2013 and was sentenced in 2/2015 so that waiting time in jail for sentencing went towards his sentence.

The verdict is done so I'm not making excuses for any behavior but his step-daughter/ex-wife are the two that falsely accused him because he wanted a divorce. They both did this to the step-father/ex-husband prior to my brother as well in Florida but laws are not like they are in Colorado since the signing of "Vonnies Law" so his was unfounded. My brother not so lucky. The ex-wife has moved on and does not write or attend hearings but his step-daughter does and is very vindictive. Her story gets more and more dramatic every year we have gone thru this and we were told that the verdict was done in 2015 and any type of elaboration from that from the victim does not influence the Parole Board. That obviously is not true.

His CM has written very nice things in his portal and his inmate rating is impeccable. Because we reside in Illinois we are not familiar with attorneys in colorado. My family has spent 100k on his original lawyer that was a HUGE disappointment and did not fight for my brother. We don't have alot of money left and don't know how much this will cost.

Please....any suggestions/referrals/information would be so helpful.

Given that you have this attitude, based on what he has told you, it does not sound like he is very contrite.

If he does not come across as repentant when he has gone before the parole board, this is what is keeping him in.

 

[quincy]

The brother might not be telling ilovemydogs the whole truth about his conduct in prison or the reason(s) for the prior parole denials, either.

But certainly when he is before the Parole Board, he should be showing some remorse. He still might believe he was wrongfully convicted but it is past that point now where he can do anything about it.

 

[ilovemydogs]

Given that you have this attitude, based on what he has told you, it does not sound like he is very contrite.

If he does not come across as repentant when he has gone before the parole board, this is what is keeping him in.

All,
While I was just asking for some genuine guidance/advice as a sister, there is a lot more specifics that I could get into but why? Let me just clarify that it’s “not what I have been told” but what is in court documentation. My brother DOES NOT and has NEVER had the attitude of excuse or denial regardless of the facts. He has repeatedly accepted responsibility, he wrote a letter of apology to the victims, he has been remorseful and accepting in front of the parole board and CM’s. I’m not trying to turn this into an attack type conversation. I merely just asked if anyone could lend any knowledge. My goodness

 

[ilovemydogs]

All,
While I was just asking for some genuine guidance/advice as a sister, there is a lot more specifics that I could get into but why? Let me just clarify that it’s “not what I have been told” but what is in court documentation. My brother DOES NOT and has NEVER had the attitude of excuse or denial regardless of the facts. He has repeatedly accepted responsibility, he wrote a letter of apology to the victims, he has been remorseful and accepting in front of the parole board and CM’s. I’m not trying to turn this into an attack type conversation. I merely just asked if anyone could lend any knowledge. My goodness

This has been hard enough for our family and the attacks and negative comments just add to our angst. So is you can’t give us any constructed advice, then please don’t say anything because it’s hurtful and took me a lot to even post on here since I don’t like social media as it is.

 

[quincy]

All,
While I was just asking for some genuine guidance/advice as a sister, there is a lot more specifics that I could get into but why? Let me just clarify that it’s “not what I have been told” but what is in court documentation. My brother DOES NOT and has NEVER had the attitude of excuse or denial regardless of the facts. He has repeatedly accepted responsibility, he wrote a letter of apology to the victims, he has been remorseful and accepting in front of the parole board and CM’s. I’m not trying to turn this into an attack type conversation. I merely just asked if anyone could lend any knowledge. My goodness

Fair enough.

You have received advice from us that you can pass on to your brother if you want to.

Because we are blind to the majority of facts, it is hard for us to tell you what your brother can do in May to improve his chances of parole. We don't know why the Parole Board denied his parole previously.

Good luck.