behind bars

[dayday]

I have a situation where my brother was convicted of posession of drugs and felonious assault that carries a 3 to 15 sentence. The judge gave him a minimum of 3years to run concurrently(both cases). So far he's served 10 years in prison. Is this possible? I was told by Parole board that he has been kept because they felt he needed to stay because of his past. But he was never convicted of anything in his past. Will he have a case to sue when he get out.

 

[Attorney_Replogle]

Can't answer that question since there are not enough facts to make an analysis. It depends on how his behavior was/is in prison. Plus, if you are correct on the sentencing, the key word was "minimum". So what (the Board of Prison Terms BOPT) would say, if he serves more time than the minimum. The BOPT has the ball now, not the courts. Plus, there is now (per the U.S. Supreme Court) authority to hold prisoners indefinitly AFTER their sentence is over because they might commit crimes again. So you should spend a couple bucks on a criminal defense attorney to find out what is really happening. You can find one near you at attorneypages.

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Mark B. Replogle