My husband is on parole and got a misdemeanor for (Assault family member) what will happen? 17 Answers as of February 12, 2013

Can his parole get revoked?

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Giannini Law Office, PC
Giannini Law Office, PC | Robert Giannini
Yes, his parole can be revoked. But, he is entitled to a hearing before that happens. The first question I have is whether he has been convicted for the new misdemeanor, or just arrested. If he has only been arrested, he may be able to beat the charge. The mere fact of being arrested for a new charge is not enough to violate parole. They have to prove he did something wrong. I certainly hope he will consult with a defense lawyer before he pleads guilty to the new charge.
Answer Applies to: Georgia
Replied: 2/12/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
His parole will be revoked.
Answer Applies to: Georgia
Replied: 2/8/2013
Steven Dodge | Steven Dodge
It is likely that his parole will be revoked. What his sanctions might be will depend on the recommendations of his Probation Officer and the nature of the underlying offense.
Answer Applies to: Michigan
Replied: 2/8/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes his parole could be revoked if he gets convicted of the misdemeanor. It will up to his parole agent.
Answer Applies to: Michigan
Replied: 2/7/2013
Law office of Robert D. Scott | Robert Scott
Yes, his parole could be revoked based upon new criminal conduct.
Answer Applies to: Maryland
Replied: 2/7/2013
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    He will be detained in jail on a parole violation and have a parole hearing. If you retain an attorney it will help but you can get an assigned lawyer if you qualify. If he is found guilty and there was an injury he will likely be sent back to prison for a year or more. If he acted in self defense he might be found not guilty. If he threw the first punch he is guilty and will probably do time on either the violation or the crime, or both.
    Answer Applies to: New York
    Replied: 2/7/2013
    Universal Law Group, Inc. | Francis John Cowhig
    His parole can be revoked and he may receive additional jail time on the new charges. If you have not already done so, I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of his options.
    Answer Applies to: California
    Replied: 2/7/2013
    Hamblin Law Office | Sally Hamblin
    His parole could very well be revoked. His parole agent will write up a parole violation for the new incident. He not only committed a new crime, but violated a condition of no assaultive behavior.
    Answer Applies to: Michigan
    Replied: 2/7/2013
    William L. Welch, III Attorney | William L. Welch, III
    Much probably depends on whether he is found guilty of the new charge. Certainly a new conviction would violate the conditions of his parole. The commission might also revoke his parole pending resolution of the criminal charge. He should consider seeking a confidential consultation with an experienced criminal defense attorney. An attorney can assist him with evaluating the states case, any defenses that he might have, and any plea offer that might be made, in order to help him decide whether to plea bargain or go to trial. Even if he is found guilty, an attorney can assist him with presenting mitigation, allocution, and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland
    Replied: 2/7/2013
    Toivonen Law Office | John Toivonen
    His parole could be revoked sending him back to prison. Has he any legal issues since being on parole. How serious were the injuries to the family member? If the family member required hospitalization, he will probably see a prison soon. The key may be proving the violation. He should hire an attorney.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Depends upon what his parole officer wants to do.
    Answer Applies to: California
    Replied: 2/6/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    He does stand a good chance of having his parole revoked and serving whatever balance of the sentence he originally received in prison.
    Answer Applies to: Illinois
    Replied: 2/6/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Yes his parole can be revoked. He committed a violation of the law. His parole can be revoked even if the case was dismissed because there is a lower burden of proof for a parole violation than to sustain a conviction.
    Answer Applies to: Texas
    Replied: 2/6/2013
    Law Office of Kevin C. Flesch | Lori Beck
    Yes. His parole can be revoked and there are a number of possible sentences he may face. He may be facing prison again, community corrections or a penalty for the new charge.
    Answer Applies to: Colorado
    Replied: 2/6/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    His parole could be revoked and he could be looking at up to one year in prison. Without knowing a lot more about the case and your husband's history, it's impossible to predict what specifically will happen.
    Answer Applies to: California
    Replied: 2/6/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Impossible to answer. Generally, he could be sentenced on the misdemeanor and/or have his parole revoked. What happens if his parole is revoked depends on the type of parole he is on. By that I mean that since the realignment laws went into effect a couple of years ago, many standard parole terms now are "non-revocable" and many call for only short jail terms for a violation. On the other hand, parole terms attached to serious or violent felonies can result in being sent back to state prison. But yes, his parole can be revoked for a misdemeanor.
    Answer Applies to: California
    Replied: 2/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, especially if the charge for which he is on probation was similar.
    Answer Applies to: Michigan
    Replied: 2/6/2013
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