I have a direct violation of Parole from a drug violation
with a presumptive guidelines for the set back of for that offense is 12 months to 18 months. But the Parole Board gave me 24 months. What could I do to make the Parole Board honor their rules and regulations?
Unfortunately, PA is a “may” not a “must” state in regard to its guidelines for probation, parole, and sentencing. Basically, that means that the guidelines are just that, guidelines, and not mandates. The parole board can do whatever they like. As an aside, there is a federal case called US v. Booker, 543 U.S. 220 (2005)
, that says that all systems are “may” and none are “must” so either way they could give you whatever they want to give you.
Labels: booker, parole board, sentencing guidelines, set back, setback