Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I would like to know if you can answer this question? I have a family member in prison . He got life in prison with parole. He comes up for parole – his second parole hearing – next year. He was charged with the crime in Virginia . But he is doing time in Arizona because he turned state’s evidence. To get an attorney to go to parole hearing, would it be better for my mom to get lawyer in Virginia where she lives. Or in Arizona where he is in prison?”
This question put a slightly different way is who should attend the parole hearing: an attorney from the state that prosecuted the inmate, or an attorney from the state where the inmate is now incarcerated?
To some extent this is going to depend on the parole rules which will be applied during the parole hearing. While the Arizona Board of Clemency conducts parole hearings for inmates in Arizona, if they are genuinely just a host state, they may consider input from the Virginia Parole Board. In addition, other factors may be taken into account.
You should contact each parole board and ask them what should be done, although if resources permit, the best of all worlds may be to have an attorney from each state, and allow them to work together, with the local attorney actually attending the hearing.
You can contact the Arizona Parole Board at (602) 542-5656, and the Virginia Parole Board can be contacted at (804) 674-3081.
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