View Full Version : How long do they have to do a Parole Violation hearing


phattbikerchic
09-04-2004, 03:28 PM
:angry: Ok this stuff is so confusing to me!!! grrrr My old man is in county jail right now on a PV with a new crime. Hes been locked up now for 6 weeks and has had an administrative hearing for his violation a month ago. What Im trying to figure out is when he will actually go in front of the board on his violation. It says that they only have 45 days to see him but it says 45 days after he is returned to prison?? So does that mean if they hold him in county on the detainer until the trial is over ( which could be months from now :mad: ) that the board wont have to see him until then?? He tells me they are riding guys in and out of the jail to prison once or twice a week and they havent taken him back yet! which is nice because I can see him but this time right now isnt counting for anything... and the not knowing is whats killin me... :argh: Anyone know anything? Thanks for all your help

mrsdragoness
09-04-2004, 04:52 PM
I'm clueless to be honest... but in speculation. They may just hold him there in county until he's tried on his new charges so they don't have to transport him back and forth.

mrs

phattbikerchic
09-06-2004, 03:19 AM
Yeah I understand Im clueless as well... lol but thanks. I figure they will hold him in county until the new case is resolved to but the only issue I have is if they revoke his parole now then he could start getting credit. If they flop him for a 12, by the time the trial is over its possible he would or will have sat that much time in county. :hmm: He says that the parole board has to see him by this Friday because of the 45 day rule. We will see!

BRIAN'S GIRL
09-10-2004, 09:07 AM
I Found Out From Brian Today That If The Charges Are Dropped Against Him Then Mi Doesn't Violate There Parole Now Thats What He Told Me But Im Not 100% Sure So Maybe Thats The Same For Our Man

phattbikerchic
09-12-2004, 06:55 PM
Well you wouldnt think that they could violate him for a new charge unless he was found guilty but the catch is that in the parole papers it states that one rule is NO contact with the police and to inform your agent within 24 hours of any contact (which is stupid if they get picked up and sent to jail how can they call their agents!!) I was also told the 45 day rule for him to see the board does not start until he is returned to prison so all this county time hes serving while MDOC makes up their minds counts for nothing :blah: So I dont know... blah!!! Time will tell and hopefully it will be sooner then later. Thanks for your info! This is all such a mess... and when its done we are moving out of Michigan and the police state that it is :banghead:

AmyLynn
09-13-2004, 05:16 AM
I think but I could be wrong. That they hold the guy until after they are sentenced for the chagre that he is waiting to be sentence on.. And after that they decide what to do with them. There was a guy that was in OCJ with Louis and he got 6 months county time and after he did his 6 months they took him to Engler and he wait to hear from the board and now is in Pugsley. I hope this makes sense to you. Not enough Coffee yet.

phattbikerchic
09-13-2004, 03:33 PM
Wel I spoke directly with the people at the parole board this morning. The lady said that the 45 day rule applies once they are back in prison. She said that it is all up to the agent what happens as of right now because they have no case file on him as of yet. The agent can hold him on the detainer as long as he wants or until he goes back to prison with a new sentance, and then they will violate his parole then. :blah: So because he is on a P/R bond with the new case none of his time sitting in county will count for either the pv or the new charge. Unless his lawyer can get his bond revoked. Grrrrr.... if I had any advice for anyone going thru somethng like this... goodluck!!! its a major pain in the ya know what.. Oh she also stated that ifhis new case gets dismissed or dropped then they will still send him back on the violation so theres really no hope of him coming home soon. :(

jewellsprincess
02-04-2005, 10:33 PM
my future husband went through this.........he was charged with having a weapon in a vehicle he was driving.............13 days before he discharged this happened .........he sat in county 6 months waiting to be sentenced then sent back to prison on his pv.........he made parole july 16th to find out that the county had a detainer on him so he went straight to county from prison to do a year............. a charge that at the time carried a 2 year maiximum sentence was never a 2 year sentence he will be home may 16th............in all he will have done 4.5 years.............only good thing is now he discharges 45 days after he gets home from county...........he did a year of his parole in county jail...............we tried evrything to get the 6 months time he served in county back and everything all the judge said was if it were now he would do a flat 5 years for a felon in possesion of a firearm so be lucky he will be home 6 months early................i feel for you but what is his pv.........most pv's are getting 90 days in trv..............hang in there and dont give up