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MO: Denied release. Now what?


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#1 PLEASEHELP7695

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Posted 11 February 2010 - 10:48 AM

Place of incident: Missouri


My boyfriend and I were in an argument and (long story short) he is now incarcerated for domestic assault (he had no priors other than traffic violations).  I was at his sentencing and the judge told him he could be released  in 180 days if he "followed the rules".  He has been incarcerated since 9/21/09 and the judge denied his release.  According to the warden, he has been a model prisioner and has not done anything wrong.  However, he is being told that although he has a meeting with the parole board in April, he will have to serve 33% of his 7 year term before he is even eligible for parole.  Is this true? 


Without his extra income, I am strapped for funds and cannot afford another attorney.  Do we have any recourse or hope of him coming home earlier?  Is there anything I can do?



#2 FindLaw_dave

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Posted 11 February 2010 - 11:30 AM

There are 3 degrees of domestic assault in Missouri. Which was he charged with?

Domestic assault in the first (1st) degree is a class B felony in Missouri,
(5-15 years in Prison)

or a class A felony if the victim is seriously injured. (10-30 years in Prison)


Domestic assault in the second (2nd) degree is a class C felony in Missouri. (
5-15 years in Prison)


Domestic assault in
the third (3rd) degree is a class A misdemeanor, (up to 1 year in jail, $1000 fine)
unless it is a third or subsequent
offense, in which case it is a Class D felony.
(up to 4 years in jail & fine up to $5000)

.


#3 PLEASEHELP7695

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Posted 16 February 2010 - 07:12 AM





































































From Case.Net:


Charge/Judgment

Description: Domestic Assault - 2nd Degree { Felony C RSMo: 565.073 }
Date: 02/01/2009 Code: 1302900 Disposition: Guilty Plea - 06/15/2009
OCN: A8044393 Arresting Agency: COLUMBIA PD
Sentence
Sentence: Incarceration DOC
Sentence Date: 09/21/2009 Start Date: 09/21/2009 Length: 7 Years
Text: DEFT. SENTENCED TO 7 YEARS MDOC. DEFT. RECOMMENDED FOR 559 GENERAL POPULATION PROGRAM.



Facility Name: SHOCK INCARCERATION Agency: DEPARTMENT OF CORRECTIONS
Outcome: Release Denied
Start Date: 09/21/2009 Assigned Length: 90 Days Completed Date: 12/30/2009
Sentence
Sentence: Incarceration DOC
Sentence Date: 12/30/2009 Start Date: 12/30/2009 Length: 7 Years
Text: RELEASE DENIED. SENTENCE EXECUTED.





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