View Full Version : probation revocation/violation hearing


cepora
07-13-2002, 06:45 AM
Hi. My son is currently in jail serving a 11-23 month sentence. When he was arrested he was on probation . Now he has a probation revocation/violation hearing to attend. Any thoughts on what may happen? His original probation was for one year and he did about 4 months of that before being arrested. Will they sentence him to another year in jail? Thanks in advance!

danielle
07-13-2002, 05:31 PM
Joyce -

When we were going through this with my husband, here's what I learned:

His probation could be violated and he would have to serve the remainder of his original sentence (12 months - 4 months = 8 months). They could order it concurrent or consecutive - if it is in the same state and in the same system, probably will be concurrent, but you can never tell. The most he should be looking at is eight months on top of what time he is doing now, but being a parole violator now can sometimes hurt chances at parole.

Hope this helps!
Take care.

cepora
07-13-2002, 05:39 PM
Thank you Danielle. That did help clear it up for me. The only question I have now is....I don't understand what you meant by being a parole violator now can hurt chances of parole. For example, he is serving 11-23 months...do you mean that in 11 months the parole board will look at the fact that he violated probation previously and will hold that against him? I mean, I am sure they look at that but how much does that affect his chances of parole? Thanks!

danielle
07-13-2002, 07:34 PM
Depends on a lot of factors and each state is different - famous words on PTO, huh?

For example if the first offense was violent and the second wasn't or if both were non-violent then it shouldn't be a big deal. If the first was non-violent, but the second violent - then it may have an effect on the chances of parole. It also depends on how crowded the prison system is and how hard they are pushing to let people go. It will depend on if he gets any write-ups while in prison and the report his probation officer submitted, which will include information about his conduct while on probation (dirty urine screens, missed visits, etc.), sentencing investigations, etc. etc. etc.

There is so much that goes into getting paroled and I think a lot of it depends simply on the parole board members moods on the day of the hearing.

To help his chances of parole, start getting letters from everybody you can think of that would be willing to help your son in whatever way possible (clergy, couselors, anybody!). If you could find somebody willing to promise him a job (at least on paper) once he is released that would help greatly and a home plan - something saying he has a place to live once he is released. The ones I got on my husband's behalf, I had them make two copies and had them notarized - one copy went directly to my husband and the other to the attorney representing him at his parole hearing. Basically people are willing to help but don't know what to say, so I wrote a sample letter for them to go by and pinpointed a day that I would pick up their letters. Every single person I asked to write a letter did.

I guess I got off on another tangent, but I went through the whole parole thing with my husband not long ago and it was one of those things I sort of had to figure out as I went along. They still revoked his parole, but I know it wasn't for a lack of effort - we did everything we possibly could.

Just let me know and I will send you a copy of one of the letters and anything else I have that might help. We only had 4 weeks to prepare and I wound up over-nighting mail to the lawyer just a few days before the hearing.

Good luck!

cepora
07-13-2002, 09:30 PM
Thanks again Danielle. I am really new to all of this legal stuff, but am learning more every day thanks to everyone here at PTO. I am soooooo glad I found this site! Thanks again and I very well may take you up on that offer for the sample letters when the time comes.

KConnor56
07-14-2002, 03:57 AM
Joyce,

Monica hit it dead on. When they evaluate for further parole on an indeterminate sentence they look at everything. A lot depends on what the violation was for, & the chance of it happening again. Monica explained excellent. What she said pretty much applies to what happens out here in Calif. too. So I have the feeling that in general they operate pretty close to the same way.

Monica, GREAT reply.------Ken