LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Criminal Law - Ideas on Conditions of Husband's Parole Release?

Discussion in 'Criminal Law Forum' started by Leally36, 14 April 2016.

  1. Leally36

    Leally36 Active Member

    Joined:
    14 December 2015
    Messages:
    10
    Likes Received:
    0
    My hubby is currently incarcerated. Sentenced 3 months of 9 months term. Parole release date is scheduled 3/5/2016. It remains ambiguous what his conditions will be on release. He has had no information provided to him.

    Due to many traumas throughout this whole corrupt legal process, it is difficult to have any confidence with lawyers' advice on his release. "He just needs to stay legal or he will be returned back to prison for the remainder of the sentence. No reporting, etc."

    Will my hubby be provided, prior to his release from jail, any documentation, etc., of what his conditions will be?

    I have read so many Qld Corrective Service documents and fail to find any consistencies in anything. One states he would need to report the following business day to the parole officer, however, he is currently in a prison 7 hours from our home address. He will have random drug and alcohol testing.

    Any clarification of Criminal Law will be helpful.
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,719
    Likes Received:
    402
    And yet you ask us?
     
  3. Leally36

    Leally36 Active Member

    Joined:
    14 December 2015
    Messages:
    10
    Likes Received:
    0
    Sorry if I offended, however, my hubby (in my presence) was advised to plead guilty by 2 independent firms despite not being guilty due to an entrapment / pretext phone call. Their advice was based on an early plea would result in a lighter sentence, probably a fully suspended sentence using exceptional circumstances.

    Sufficient evidence was provided to plead not guilty. The victim and other statements were all inconsistent, and we assume it is a money grab as we wait for the civil action to follow. I and many other non-legal professionals encouraged him to plead not guilty, but he took the advice of professionals.

    He was sentenced for 3 months of 9 months sentence, operational for 18 months. We had prepared for worst case being 1 month, so please appreciate this traumatic event in our lives.

    Further shock was to follow:

    1. I had a follow-up conference with the solicitor and barrister who represented him. The solicitor denied being provided with the evidence at several meetings despite myself, my hubby and also another advocate being present.

    2. Due to the poor service with that firm, I consulted with 4 indecent lawyers, providing the background and bail and appeal process, who all encouraged and believed there would be "good prospects" for bail approval and appeal to result in a lighter sentence. However, the judge denied bail and hence appeal process was withdrawn.

    My husband is witnessing so many "real" criminals having success with bail and appeals. I've read so many precedent cases and many with far worse offences also being successful. Unfortunately, I have lost faith due to the above and now believe it's like playing the pokies some win and some lose....

    I had hoped there would be a wealth of knowledge in the forum to help prepare for the next step.
     
  4. Hope this helps

    Hope this helps Well-Known Member

    Joined:
    26 March 2016
    Messages:
    116
    Likes Received:
    13
    Without knowing what he was sentenced for, there is little one can help with. Sorry to hear you felt the legal representative/s were unprofessional and not dedicated to providing the highest service on behalf of your husband case.
     
  5. Leally36

    Leally36 Active Member

    Joined:
    14 December 2015
    Messages:
    10
    Likes Received:
    0
    He plead guilty following being charged in May 2015 for a child sex offence. He received an entrapment/pretext call in March 2015 with a blubbering 18-year-old who alleged he fleetingly touched her breast in April 2010 when she was 14 yrs old.

    This definitely doesn't amount to other far worse child sex offence cases that have made it to the media whereby the offence does not fit the sentence.
     
  6. Hope this helps

    Hope this helps Well-Known Member

    Joined:
    26 March 2016
    Messages:
    116
    Likes Received:
    13
    Your husband will be before the parole officer board and with all his information, history of his behaviour, attitude, psych evaluations n other tests done during his time in goal. He will be asked questions prior to leaving and in front of the board. If he succeeds then he will be informed prior to leaving what is expected of him whether having to go to the police station daily at a specific time or a couple of days a week, see his parole officer when, where n how many times per week.

    Usually, the parole officer will also inform him what he should and should not be doing, make sure he understands what is expected of him to remain out of prison and any regular other meetings, conditions, testing a, etc. The parole officer will also inform him of out of bounds locations, jobs etc.

    Advise and encourage him, may even help him get a job if they haven't already found one for him as soon as possible. So in short- yes your husband will know everything before he leaves goal and so will his parole officer.

    P.S. In the telephone or on the website, there are phone numbers you can ring for information and support for women and families who have a loved one or partner in prison. This may be of some help to you. Your husband will also require time to settle back into society. At best it will take six weeks.
     

Share This Page

Loading...