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  #1  
Old 01-06-2017, 01:57 AM
Jay122712 Jay122712 is offline
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Default Warrant issued day after sentencing

Hi I need help! My boyfriend got sentenced on 12/13 he took a plea deal and got charged with criminal possession of a firearm and got 18 months and he was on probation when he got arrested, his public defender told him if he took the plea that he would not have to deal with the probation violation he would just serve his time the violation of probation was included in his 18 month sentence. He has been incarcerated since November now 3 weeks after he got sentenced he was moved from his unit in the jail and is supposed to go to court soon they have not told him anything about what is going on but I looked online and saw they issued a warrant for him violating his probation on 12/14 only one day after he got sentenced. I do not understand this because when he took the plea he was told the VOP situation would go away. Please help with any advice or knowledge you have on this thank you
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Old 01-06-2017, 05:13 AM
fbopnomore fbopnomore is offline
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Welcome to Prison Talk. The PV may still go away, but his lawyer may have to get involved for that to happen. Have him reach out to his public defender, or their office, for help. Don't Ignore the matter, that would be a mistake.
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  #3  
Old 01-06-2017, 01:52 PM
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Originally Posted by fbopnomore View Post
Welcome to Prison Talk. The PV may still go away, but his lawyer may have to get involved for that to happen. Have him reach out to his public defender, or their office, for help. Don't Ignore the matter, that would be a mistake.

Do you know how he would get in contact with his public defender or the office if he's currently incarcerated?
Also he said no one has informed in about what going on with him he said the C.O.'s cant tell him anything so is there anyone inside of the jail he can ask about why he was moved and why this is happening
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Old 01-06-2017, 01:59 PM
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Default Moved without telling inmate why

My boyfriend was sentenced last month a week later they moved him to the unit he would be staying in for the remainder of his sentence but yesterday they moved him to the unit he was previously in which all of the inmates in that unit are not sentenced yet and no one explained to him why he was moved he has no clue what is going on. Who does he need to get in contact with or what does he need to do to find out what is going on?
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Old 01-06-2017, 03:38 PM
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I don't know CT law but in general prisons may move inmates when and where they want without giving reason. I don't know that you have any legal leg to stand on. Inmates are often moved around and rarely stay in one place for their entire sentence for any number of reasons. It sounds like this is a county jail issue? Since it doesn't sound like he was moved to a different facility, just a different unit?
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Old 01-06-2017, 03:48 PM
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My best guess is that he got moved back because of the warrant...he most likely has a revocation hearing coming up.
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Old 01-06-2017, 05:50 PM
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My best guess is that he got moved back because of the warrant...he most likely has a revocation hearing coming up.
That is what I'm assuming also but I'm just very confused as to why this warrant came up if when he got sentenced the lawyer told him it was included in his sentencing with gun charge as a part of his plea deal. Shouldn't the VOP situation have gone away
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Old 01-06-2017, 05:52 PM
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Quote:
Originally Posted by Sinir.Fridyrr View Post
I don't know CT law but in general prisons may move inmates when and where they want without giving reason. I don't know that you have any legal leg to stand on. Inmates are often moved around and rarely stay in one place for their entire sentence for any number of reasons. It sounds like this is a county jail issue? Since it doesn't sound like he was moved to a different facility, just a different unit?
I'm very new to all of this, this makes sense though I'm hoping maybe this is what is going on nothing more. And yes he was just moved to another unit not another facility.
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Old 01-07-2017, 05:30 PM
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What the lawyer told him doesn't matter. If it wasn't written down and accepted by the parole people, that's just hard cheese. They're entirely different systems, judicial and parole, barely related at all. They rarely talk to each other and rulings in one often have no force in the other.
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Old 01-08-2017, 04:42 PM
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First, probation violations can be dropped without seeing the parole people. They are generally two separate things, even if he would meet with the same probation/parole officer.

Second, is there any reason that he would get a new violation? Just because the probation violation was dropped in the original sentencing order as part of the accepted plea agreement doesn't mean that he can't get a new violation for anything from fighting in jail to a dirty UA

Those would be my guesses, but he'll get a pad for the violation.
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Old 01-08-2017, 08:05 PM
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Quote:
Originally Posted by yourself View Post
First, probation violations can be dropped without seeing the parole people. They are generally two separate things, even if he would meet with the same probation/parole officer.

Second, is there any reason that he would get a new violation? Just because the probation violation was dropped in the original sentencing order as part of the accepted plea agreement doesn't mean that he can't get a new violation for anything from fighting in jail to a dirty UA

Those would be my guesses, but he'll get a pad for the violation.
What is a pad? And he did get into a fight before he sentenced on his first night in jail with the guy who shot at our house while our 2 month old was in the house. He goes to court in 3 days for the violation. Does it matter that he got into the fight before he got sentenced
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Old 01-08-2017, 10:14 PM
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He definitely needs to call his PD. They can't/won't talk to anyone else about his case.
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Old 01-08-2017, 11:05 PM
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Quote:
Originally Posted by Jay122712 View Post
What is a pad? And he did get into a fight before he sentenced on his first night in jail with the guy who shot at our house while our 2 month old was in the house. He goes to court in 3 days for the violation. Does it matter that he got into the fight before he got sentenced
Pad is my ipads autocorrect for pv

He will have a full hearing on the pv including getting a pad, once he makes an application for one, his first appearance is generally a first appearance. Just like for an arrest, but the standards differ, and they usually come up much quicker.

He really needs to look at his sentencing order. Chances are, they list what exactly was included in the whole thing. Look, he's not going to get queen for a day, nor is he going to be exempted for conduct that he does after the change of plea, or anything not listed on the sentencing order. He can't change his plea, turn around and get into a fight or get another pv and expect that to be included, or expect that his pd will know about conduct that happens in the jail without first being informed by his client.
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Old 01-09-2017, 12:58 PM
marie8899 marie8899 is offline
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I don't know how Connecticut works, but in California, you can go to the local courthouse where a plea was entered and obtain a copy of the sentencing transcript from the Clerk.
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