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Old 02-03-2017, 10:37 PM
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Default Charges withheld until parole?

Hi All, From Australia.

Was just visiting my mate who is serving time. But he mentioned something that concerned me a little and that I am unsure how legal it is.

apparently, the people who he has been talking to in prison have said that the police withhold charges when the prisoners are sentenced so that they can bring them up when they are on parole to return them for the duration of their sentence.

This seems wrong to me, and I am worried that it may be true.
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Old 02-04-2017, 06:09 AM
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Welcome to Prison Talk. You may find more answers in the Australia/NZ prison forums.
http://www.prisontalk.com/forums/forumdisplay.php?f=255
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Old 02-04-2017, 08:32 AM
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No worries, I've moved the thread to the Australian forum Welcome to PTO
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Old 02-04-2017, 07:36 PM
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No worries, I've moved the thread to the Australian forum Welcome to PTO
Thanks, guys. I am keen to find out if this actually happens or not because it sounds wrong to me.
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Old 02-04-2017, 07:38 PM
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Yeah, unless there are already charges filed and a detainer, I've never hear of "holding charges until offender paroles."

FYI: All members are not on at all times....so keep checking for replies
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Old 02-04-2017, 08:20 PM
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Yeah, unless there are already charges filed and a detainer, I've never hear of "holding charges until offender paroles."

FYI: All members are not on at all times....so keep checking for replies
Can charges be filed from the original case, withheld from the courts. for example only present four counts of something to the courts then upon parole when going to the police station to do what is needed to be done be immediately arrested on an additional one count of the same thing for example.
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Old 02-04-2017, 08:32 PM
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I'm not at all familiar with Australia's laws....but it sounds a tad far-fetched to to me. Probably not impossible, but far-fetched. Hopefully one our members from Australia will have more specific information.
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Old 02-06-2017, 04:04 PM
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Ok, thanks. I can not find any info on this when searching the internet either, so I am now starting to lean towards this being fiction. I am not sure if I should tell him that however, on the one hand, these things he is being told are worrying him but on the other hand, if I tell him it is fiction, and then it happens it would be very disappointing for him
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Old 02-06-2017, 04:37 PM
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Ordinarily you can't be tried/charged twice for the same crime. I believe this applies in most legal systems. So the police or prosecutors can't rearrest you for the same thing/event, even if they place different charges. However what they can do, and what I have been told does happen sometimes in Canada, is to bring forward a related charge at the time of release. For example, you are charged with 5 burglaries and serve your time. Then on the day you are released, you are re-arrested and charged with 2 more burglaries. In Canadian jails this is called (by prisoners) 'being gated' - as in being re-arrested at the gate of the jail. It has also definitely happened with some sex charges, where more victims come forward so new charges can be laid, even if they happened many years before.

Hope that is helpful.
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Old 02-06-2017, 06:05 PM
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Originally Posted by onparoleinTO View Post
Ordinarily you can't be tried/charged twice for the same crime. I believe this applies in most legal systems. So the police or prosecutors can't rearrest you for the same thing/event, even if they place different charges. However what they can do, and what I have been told does happen sometimes in Canada, is to bring forward a related charge at the time of release. For example, you are charged with 5 burglaries and serve your time. Then on the day you are released, you are re-arrested and charged with 2 more burglaries. In Canadian jails this is called (by prisoners) 'being gated' - as in being re-arrested at the gate of the jail. It has also definitely happened with some sex charges, where more victims come forward so new charges can be laid, even if they happened many years before.

Hope that is helpful.
Thanks Mate, yes that is helpful. hopefully, he will not have any issues if this is the case. He was worried about it from the original events however my understanding is everything had come up, and he was wanting to move on with his life keeping clean in the process after all this finishes but he was really worried that they may do this to him in order to keep him in there.

I Visit him regularly so i guess I can have a chat with him about it. I think the worst thing he can really do is just worry about it in my opinion.
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Old 03-20-2017, 02:30 AM
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My mate was serving his sentence and coming up to parole (it was in 2 weeks) when he was charged with something that allegedly happened 2 years before. No real reason for the delay was given and this was the first he had heard of it. 'Apparently' the complaint had been laid only a short while before, but who really knows.
While a person is in prison, there seems to be no rush to deal with anything.

Your mate could ask his lawyer if he can find out if anything is in the wind, but that may or may not be successful. The Police wont say anything that doesn't suit them.

It is awful to think this might be possible. In one way of thinking, they can take their time investigating while their suspect is in prison and run out of time when someone is getting out on parole, but it may be vindictive as well.

Sorry, I am cynical after our experience. I do hope this worry is not a reality for you.
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Old 06-20-2020, 05:05 PM
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Quote:
Originally Posted by DarthMore View Post
Hi All, From Australia.

Was just visiting my mate who is serving time. But he mentioned something that concerned me a little and that I am unsure how legal it is.

apparently, the people who he has been talking to in prison have said that the police withhold charges when the prisoners are sentenced so that they can bring them up when they are on parole to return them for the duration of their sentence.

This seems wrong to me, and I am worried that it may be true.

Hi.



My partner went prison in January 2019, after being on the run for a bit. He was released on parole in August 2019. He will be on parole until June 2021.



In February 2020, he was charged for an incident that occurred in July 2018. Before the offences he was jailed for. He hasn't been issued a breach of parole for the charge, but that could change upon being sentenced.

So, we wait for sentencing...
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