Well one of my friends pleaded guilty to manslaughter, to get a lesser sentence. Her lawyer told her that she would be eligable for parole after 10 months. No she has been in jail 2 weeks, and recieved a piece of paper saying that she was not eligable for parole etc... she is in jail for 2 years....help!! Is she eligalbe
???
2007-03-10 12:55:58 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Some states have instituted no parole for some plea bargains and for some crimes. The answer to your question will be in the court records for your friend's case. Take a good look at them to see if anything was misinterpreted....
For example, your friend could have received a 10 Year prison sentence for the manslaughter charge with all but 2 years suspended, credit for any time served and no eligibility for parole. After your friend is released, he/she may serve some probation because suspended sentences come with probation (at least in MD).
The judge asked your friend questions at the plea bargain hearing to ensure that she understood the sentence, understood the lawyer and wasn't under the influence of drugs or alcohol when accepting the plea. If your friend answered yes to all the judge's questions, then the only other recourse is to prove that the attorney misled her. The attorney could have been misled by the Prosecutor. Maybe with a new lawyer some of the mistakes can be rectified, if any.
2007-03-10 14:35:01 · answer #1 · answered by Anonymous · 0⤊ 0⤋
That varies from case to case and we have NO way of knowing. Maybe she has a history that disallows parole and they just found the information.
Only the attorney, judge and parole board can say.
Manslaughter and 10 months ? I have never heard of less than 5 yrs for manslaughter , but maybe there are circumstances we are unaware of . . .
The only thing you can do is ask the attorney to follow up.
2007-03-10 21:08:30 · answer #2 · answered by kate 7 · 0⤊ 0⤋
no she is not. she must do her full term then she is only eligable for Parole, her lawyer lied to her also it would depend on her conduct while she was there. she should have went to trial and not pleaded anything and her record if clean and also which state she lives in all plays a role so it depends on basically the state so you can look up law in your state which you all reside and not here for you woudl get to many answers
add which state your in please this helps to determine the outcome and the law!
2007-03-10 21:08:15 · answer #3 · answered by wise 5 · 0⤊ 1⤋
She probably needs to talk to another lawyer,if the first one informed her wrongly,I think thats called something but I cant remember, misreprensentation??definatly talk to a lawyer
2007-03-10 21:06:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋