hypothetical: a person is on parole from idaho but living in tennessee. a new charge is brought up and a warrant is served. does the person get violated even if they are found not guilty of the charge? does simply being arrested constitute violation? or is it up to the parole officer?
2007-01-07 05:57:49 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
parole was granted in idaho and switched to tennessee. the new charge has nothing to do with special conditions of parole.
2007-01-07 06:22:21 · update #1
A no bond warrant will be issued and the person will be held until the hearing or trial. If the person is found not guilty, they will not be in violation. They will be in violation if it's a new offense, committed while on parole. Tennessee law applies to a person on parole in Tennessee, regardless of where he/she is from. That's how it works in Illinois, anyway, and interstate compact applies the same across almost all (if not all) states.
Either way, the violation in-and-of itself will probably be served concurrently with any sentence on the new offense. If you're sentenced to 6 months, you'll probably be out on your parole violation after the same 6 months.
2007-01-07 06:00:35 · answer #1 · answered by Mickey Mouse Spears 7 · 2⤊ 0⤋
In California, the verdict of guilty or not guilty has nothing to do with parole violation.
Parole is called "conditional, revocable release" and it is just that. Parole can be revoked for almost any reason by the parole officer - from not reporting an address, to using drugs, to weapons and so on. Parolee's have a right to have their violation case hear by a parole board to determine how much confinement time is justified based on whatever their violation was.
Oftentimes, at least where I work, a minor law violation - such as possessing a switchblade knife - may not even be prosecuted locally and teh DA may just refer the case to the parole board for a violation againt a parolee. In these cases, the charge that got a parolee violated may be "not filed" by the DA but may result in up to a year of parole revocation confinement.
2007-01-07 06:52:00 · answer #2 · answered by James P 4 · 0⤊ 0⤋
They can really revoke your parole for almost ANY reason. If your PO even believes you may be any type of a risk, your parole can be revoked. You are out of jail on a parole, not because you completed your sentence. If your PO doesn't like your personality, he can revoke or find a reason to revoke your parole. In reality, it probably won't happen. Also it depends on the case. Not guilty doesn't mean innocent. He may look at the facts and see you were involved in no good, even though the DA couldn't get a verdict for whatever reason. Parole is a gift, not a right.
2007-01-07 06:41:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is extremley likley you will be violated pending prosecution on the new charge. You can even be violated for any negative contact with law enforcement. For isntance, if your on parole and someone else in the car has cocaine you can even be violated for that. The worst part about a parole violation is the no bail warrant. So to answer your question unless your parole officer really likes you you'll be violated.
2007-01-07 08:03:22 · answer #4 · answered by jwurm99 3 · 0⤊ 0⤋
Depends on the conditions of your parole. Let's say you are charged with assault in a tavern, but there is insufficient evidence, or you're not guilty of that charge. However, a condition of your parole is to not frequent places with liquor. The charge brings to light that you were in fact in a tavern. It can be revoked based on that.
Does the parole indicate that the person must stay within state boundaries? If so, that is grounds for revokation as well.
2007-01-07 06:13:34 · answer #5 · answered by HG 4 · 0⤊ 0⤋
Yes. First off how did he leave the state he was on parole in? that alone is a violation.
2007-01-07 06:20:26 · answer #6 · answered by Gettin_by 3 · 0⤊ 0⤋
Why are you being charged when you are on parole,
you are not supposed to do anything other than behave
yourself during that time, you can go back in..................
Ask your parole officer....
2007-01-07 23:35:03 · answer #7 · answered by gorglin 5 · 0⤊ 0⤋