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View Poll Results: Have you ever heard of an inadvertant release warrant??
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Old 08-02-2018, 05:50 PM
ackb2u ackb2u is offline
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Join Date: Aug 2018
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Question Parole - waiting for home placement

Ha, so i have searched the forums for a similar circumstance and honestly I dont think it exists.

Its kind of a long story and the only way to get an answer is for me to start at the beginning, so bare with me.

My LO was charged with receiving stolen property back in 2014 (does have minor record but this is first and only felony). So he ends up pleading guilty but before final sentencing, his public defender quits and Probation and Parole never receive his paperwork, the whole thing kind of gets swept under the rug, right?

Well i think in 2016 ( before we met) he ended up getting served with a warrant for failure to appear for his final sentencing. From then until March 2018, he would get out on bond, do good for awhile then miss a court date, end up with a warrant and rearrested. So one time he might have spent 30 days until he made bond, the next might be 120, in the last year I know for sure he did 2 weeks exactly the first time and then 45 days a couple months later. My point here is that he wasnt even sure how much time he had done for this one charge, the way it was scattered out.

So March 3rd 2018, gets arrested on a failure to appear warrant. I get the paperwork together for a property bond and we go to court March 12th to ask the judge to allow cash or property and BAM! The judge slams the gavel down and says you are sentenced to 5 years. Wait, what? No questions, no speaking, please take your seat, sir.

Me, never been involved in the judicial system very much, immediately start freaking out. His lawyer explains in 30, 60, and 90 days he is eligible to file for shock and at worse, he will be parole eligible in 9 months. So April 12th comes along and i get a phone call super early from the jail. Not like the phone the inmates normally use. Its his first eligible shock date but they released him before we ever even filed for it, told him he got a sanction. We think its weird but all is good.

Skip forward to July. Cops show up at our house and serve him an Inadvertant Release Warrant. Guards at the jail tell him they have never seen a warrant like this. Basically some where they screwed up and he was never supposed to be released in the first place. Hmm okay....

Im signed up with VINE of course and get an email that he has a parole file review in the next 120 days. So here I go on KOOL and lo and behold! His parole hearing was June 4th, parole recommended with no flop, expected release August 1st. My jaw hit the floor, lemme tell ya.

Quick review: sentenced to 5 years in March, released in April, parole hearing in June. Didnt know you could be preapproved for parole, huh? Lol anyway I think that the Parole Board caught the mistake when he came up for file review and issued the warrant BUT because that was completely on them and the jail he does not have to make up for the time he was out. Amazing news right?

So they ask for his home placement Monday before last, July 23rd. Its a different county but same district so I am told there should be no issues as far as that goes. The county we live in says they received his paperwork this past Monday, July 30th. His out date was Wednesday, August 1st. He is still in jail and they have not contacted me in any way, either by phone or coming by to do the inspection. Now they are saying they are going to send him 3 hours away to a halfway house and then if his home placement is approved, he can come back.

I am at a loss here. I do not have a vehicle so i will not be able to see him if they send him off. I dont know if calling Probation and Parole will speed things up or slow them down more. I am 7 months pregnant and need him in so many ways and its just really making me angry that he could be here at home as of yesterday if they were doing their job of checking his home placement. And obviously i am forever grateful that we had months in the middle together that we shouldn't have gotten, but if they hadn't made the mistake in the first place, we would have had the appropriate time it usually takes for this process to be completed and him to be home. But since theyve only had nearly two weeks, hes being held and possibly shipped across state because they cant spare the, what, 15 minutes maximum to come check out the house or less if they just call me.

I know this post is crazy long and probably confusing but I am literally at wits end and am on my knees begging for any advice anyone might be able to offer or if anyone has ever heard of a similar situation. Im broke so now i cant even talk to him and i just dont know what to do, especially if they send him across the state and with the baby being so close to coming as well! Thank you in advance for any reply and for taking the time out in the first place to even read this post!!
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