A Trial Court Cannot Grant Early Parole if It Didn’t Leave That Option Open at Sentencing

Commonwealth v. Finley

 

In this recent decision, the Superior Court held that, in order for a defendant to be eligible for early parole, the trial court must indicate as much on the record at sentencing.  Failure to do so deprives the trial court of the authority to grant early parole at a later date.  Thus, in order to give a client a shot at early parole in the future, Counsel must request that the trial judge state on the record, at sentencing, that the client is eligible for early parole.