can a person get out before eligabilty based on behavior,by parole board getting updated reports about inmate

UPDATED: May 6, 2009

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can a person get out before eligabilty based on behavior,by parole board getting updated reports about inmate

person incarcerated,is been there 5 months eligability is 36 months,has wife and children past history can he be transfered would make eligabilty better based on classification any of this possible? doing everything right What more can one do to prove eligibilty before 36 monthspast history was 20 years ago clean record up until past two years can write letters to parole board on our family s behalf?any suggestions for getting clemecy?

Asked on May 6, 2009 under Criminal Law, Pennsylvania


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The parole board cannot change the prisoner's eligibility for parole, because that is part of the sentence he received.  The parole board cannot even consider the person's case until he is eligible.

There are, usually, two ways to change a sentence.  One would be by filing a motion with the court that issued the sentence, and that doesn't usually work without showing something that the court overlooked the first time, either about the facts or the law.

The other way is to get his sentence reduced by the Governor, much like a pardon (which would wipe out the whole conviction, and any remaining sentence), in a process called clemency.  For this, you have to apply to the Board of Pardons, and you can find the information about how to start this process here:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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