IS it legal to have your time served in prison and on parole exceed the total time given to you by the judge?

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IS it legal to have your time served in prison and on parole exceed the total time given to you by the judge?

I was sentenced to 6 years in prison, I did 5 years 1 month and 6 days I also have been on parole and electronic monitor for over 20 months now my combined time has well exceeded the sentence handed down to me by the judge. Is there any thing I can do about this I feel my rights are being violated I have repaid my debt to society and have been a productive member since my release with no problems what so ever regarding my parole.

Asked on October 27, 2010 under Criminal Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to have someone read your probation order to see what exactly is going on.  You did not state what the order says here and if there is a finite time or other conditions that may have to be met.  If the conditions are not met then probation may just be extending time to allow it to be completed (like paying fines, community service, etc.)  Or  maybe someone entered the time frame in to the system incorrectly.  There is always the possibility for human error.  I would take a copy of your order to someone to read and it may be as simple as contacting the probation department.  Or you may need to have a motion to terminate probation or reduce the time made.  Good luck.


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