What can we do if our parole officer told us that my boyfriend would not have to go to jail? 33 Answers as of July 02, 2013I am driving without a license and he took the wheel for me because I was sick and throwing up in the middle of the highway. It just so happened we go to pull into the nearest gas station until I felt better and right before we could get the chance a cop pulls us over to ask why my windows cracked. My friend said look officer I don't have my license, I just got behind the wheel like 10 minutes ago because my girlfriend is sick and 5 months pregnant. We were in the middle of traffic. The officer said okay well I got to give you this fine for driving without a license, but his license was DUI suspended from 4 years ago. So it would have been automatic jail time 30 to 90 days. The officer told us because he has seen the DUI was from 4 years ago, he had no other priors and for the past 2 years it looked like to him that my boyfriend was trying to change and had a job and has a baby on the way the officer said he didn't want to see him do jail time for something so small/ so he didn't call the prole office and told us to plead not guilty to take it to court that he will show up at the court hearing and help explain the situation so that my boyfriend just gets the 500 fine and no jail time. Well later on in the day I went to the hospital and was off of work for 4 days. Well we went into the parole office Tuesday just so happens he gets a new parole officer and he doesn't even let us explain and violates him because he got a new charge. We try to explain they told me to bring back proof so I did I brought my hospital note so they knew I was really sick and also signed paper from my manager saying I was off work because of being sick. They told me if I brought that back by 100 that the parole officer and was not in that day that she would be back look over the papers and call the officer. Then they might be able to release him. I call to find out if they looked into it yet and the parole officer who was not his parole officer but the one who locked him up told me and I quote "I'm his new parole officer now I have the paper work I don't care" I want him to go to jail.
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
He has a right to counsel and should exercise that right. The parole officer's statements are not a promise or a guarantee and are not legally binding; however, they may be potentially used for some other purpose as the matter proceeds.
Answer Applies to: Michigan
Law Office of Phillip Weiser | Phillip L. Weiser
A probation violation should be able to go before a judge to hear the circumstances. A parole violation on the other hand, doesn't go before a judge, only the parole board. A violation can result in a 90 day callback. this email. The original content and subject should not be modified, otherwise your answer will not be valid.
Answer Applies to: Kansas
The Short Law Group, P.C. | Shawn Kollie
Any additional charge such as a Driving While Suspended can be grounds for an alleged probation violation. With the help of a skilled criminal defense attorney you may be able to either work with the probation officer or the courts to limit the possible ramifications for this alleged offense. This may help with either limiting the amount of jail time or ensuring that his probation is not revoked.
Answer Applies to: Oregon
Law Office of Richard Williams | Richard Williams
This is a bad situation. It does not take very much for a parole officer to lock someone up and file a report to have his parole revoked. You may want to consider hiring an attorney to assist your boyfriend. He is not eligible for a court-appointed attorney on a parole hearing and they are ususally very quick following an arrest.
Answer Applies to: Alabama
The Law Offices of Laura A. Walker | Laura A. Walker
Going to jail is only order by the court, if the agent said he wouldn't take him into custody and put a hold on him that is one thing (he can only keep him there for 50 days if no revocation is filed), that would be the extent of the agents authority.
Answer Applies to: Wisconsin
Reeves Law Firm, P.C. | Roy L. Reeves
Okay, first you need to understand Probation is a contract. When your BF got the DWI 4 years ago, he signed a contact with the state agreeing to obey all laws, report to probation, pay fines and fees, and comply with the probation officer's request in exchange for the State agreement to not seek jail time. It is a very one sided contract but it is what it is. This is important because a probation violation is contract - there is no guilt beyond a reasonable doubt. However, there is also a defense to contract law - necessity. It is a lot easier to prove necessity in a contract case than in a criminal case. So, your BF needs a lawyer ASAP. File the Motion to Adjudication and force the PO to come to court now, not later. Put on the defense to the Judge and seek reinstatement. BF broke the rules, committed a crime but it was due to necessity and safety and welfare of an unborn child.
Answer Applies to: Texas
Andersen Law PLLC | Craig Andersen
The officer isn't the one who decides to bring charges. That is the prosecutor's job. There is no emergency exception to driving with a suspended license so he broke the law without a valid excuse. His best bet would be to make a deal with the prosecutor. Anything he can do to get his license back should be done. If he was required to get into treatment, he's better get there yesterday and do whatever else his probation counselor has required. When you're on probation, the court owns you. If you don't do what the court tells you to do, they will repossess you and throw you in jail.
Answer Applies to: Washington
Law Offices of John Carney | John Carney
You are both very bad decision makers. First of all, you should not be driving if you are sick or do not have a license. You had a lot of other options. You could have gotten out of the car and called a taxi. You are "operation ' a vehicle if you are behind the wheel and so it was a mistake to stay in the car. You should have called a taxi and he should never have gotten behind the wheel if he is on parole. Any parole violation is serious and the defendant is held without bail until the preliminary and final hearing, which can take 90 days. The Administrative judge at the parole hearing will take into consideration the parole officers opinion and recommendation, your lawyers comments, whether he is working, the seriousness of the violation, how long he has been on parole, and his prior criminal record an he may have to serve more prison time. All of this happened because neither of you have the good judgement to call a taxi, even if you had to beg or borrow the money to pay for it. If you were broke you could have called a friend or family member or even an ambulance. If you do not have health insurance they do not usually require you to pay for an ambulance. Anything would have been better than to flagrantly violate the law and drive on a revoked license, which is a serious crime if it was revoked for a DWI. It carried up to 6 months in jail and that runs consecutive to the parole violation by law. Retain a good criminal lawyer to try to get the judge to release him after the 90 says and plead the criminal charge to a 511-1 with a $250 fine.
Answer Applies to: New York
Myles Hahn III Attorney at Law | Myles Hahn III
You put a lot of work into writing this up, but unfortunately it still reads unclearly in places. If I am interpreting it correctly, your friend is charged with a parole violation. The authority has the discretion to file it and try to prove the violation via a hearing. Some facts can be presented to "defend" the case. Even if the violation is considered proven against your friend after a hearing, some facts which you have described MAY be used to mitigate the offense (i.e., try to get a lower or more lenient sentence or resentence).
Answer Applies to: Illinois
Attorney at Law | Ernest Krause
Get the ticket the nice officer had to give your boyfriend. Get everything in order. You and the boyfriend need to write up the story in detail and present it to the Agent's Supervisor. The boyfriend needs to see all the evidence the parole officer has.
Answer Applies to: California
Law Offices of Douglas J. Lindsay | Douglas J. Lindsay
Your boyfriend must request a hearing before the the Court and call witnesses who can help him, through testimony. It is the Court (Judge) which has the final determination for any alleged parole or probation violation. The positive (or negative) words of a police officer or parole/probation officer will be taken into consideration by the Court but it is the Judge who makes the final decision.
Answer Applies to: Michigan
Nelson & Lawless | Terry Nelson
Parole officers have essentially absolute authority over the parolee. They can impose any conditions they want. You have stated nothing that would be outside his authority to do. The defendant is entitled to a parole violation hearing on this,
Answer Applies to: California
Lawrence Lewis | Lawrence Lewis, PC
There is nothing to do. The parole officer has the final word. It appears that life is "kicking your ass". Everything is going wrong for you. His license is suspended. You get sick. He decides to drive for just a minute. I suspect that the car is garbage, which is what first attracted the officer's attention. You have a baby on the way. The officer stops him just after he gets behind the wheel. You have a lot going on. I can assume that there is no money for an attorney, which is why you are on-line, and you have a baby on the way. There is nothing to do, but get your life together.
Answer Applies to: Georgia
The Law Office of Stephanie M. Arrache | Stephanie Arrache
You need to consult an attorney in your area. This is a case that needs to be handled seriously. If he's on parole for a DUI, then I am guessing he was charged with a felony DUI? This is very serious and needs to be handled aggressively.
Answer Applies to: California
Law office of Robert D. Scott | Robert Scott
If your boyfriend picked up a new criminal charge while he was on probation or parole, the new charge is a basis to revoke his probation or parole. Whether or not to pursue that course of action is within the discretion of the probation or parole officer. However. your medical emergency may be a defense to his driving without a permit charge.
Answer Applies to: Maryland
Timothy J. Thill P.C. | Timothy J. Thill
You unfortunately got the wrong parole officer, and I sympathize with you. I do not know why your friend was imprisoned before, and how much time is open on his original sentence, however, I propose that you should look into hiring a counselor who may be able to get a violation of parole hearing and present the information you noted to the board. ?Tell your friend to put in for a parole hearing, and have an attorney ready to attend said hearing in his behalf.
Answer Applies to: Illinois
Salladay Law Office | Lance Salladay
The matter will have to be determined by the judge ultimately. The police officer can be subpoenaed into court to support your boyfriend, and the fact that the license was suspended 4 years ago and was not renewed simply by oversight may help, you need to get a lawyer involved so the facts can be presented in the best way possible for your boyfriend.
Answer Applies to: Idaho
AyerHoffman, LLP | David C. Ayer
You should immediately consult with a criminal defense attorney. Parole officers have far more power than they are often capable of wielding competently. You have a very sympathetic case. You should not rely on the police officer alone. He can only testify. With a good attorney and a reasonable judge you should be able to beat the parole officer.
Answer Applies to: Massachusetts
Law Office of Brendan M. Kelly | Brendan M. Kelly
All you can do is request a hearing on the violation of parole. The parole officer would be in violation of his/her duty to not violate him. The court is the person you want to talk with to hopefully get the violation dismissed.
Answer Applies to: Nebraska