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Parole.

Discussion in 'Probation, Parole, Incarceration' started by tlk22, Feb 11, 2018.

  1. tlk22

    tlk22 Law Topic Starter New Member

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    Jurisdiction:
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    So, my fiancé was arrested and charged with possession of marijuana. It was a small amount; small enough that the arresting officers would’ve let him go and made him pay a fine, but he was on parole. His parole officer found out about the arrest and put a detainer on him. I met with my fiancé’s parole offericer’s supervisor a few weeks after my fiancé’s arrest to pick up his cellphone and few other of his belongings, where I was given the opportunity to speak one-on-one with the supervisor. Then supervisor told me they weren’t going to fight to keep him in there, but that they were going to keep him in there until the outcome of the criminal case (the marijuana charge). This wasn’t back in November, 2017, mind you. So, I have a few questions. My first question is: If the case is dropped to a summary, what are the chances that parole would just release my fiancé? His court date has been postponed twice already, which means my fiancé has been sitting in prison with no answers for almost four months now. I decided to look upon my fiancé’s docket sheet to find his next court date, and a memo read:

    “Commonwealth request for continuance discovery incomplete”

    And

    “Commonwealth not ready, Seizure analysis outstanding”

    It also states:

    “Defense requests standing preston objection on this case”

    It then reads at the very bottom: “30 day date for seizure & NCD (which I know means new court date) GOOD WITH PO., then it says his new court date, which is next month.


    All of this is very confusing to me, and I have a hard time trying to understand these legal terms. ANY help would be appreciated. It’s been three long months since he’s been incarcerated, and next month his new court date marks the fourth month he has been incarcerated. I’d just like to know what to expect. Also, he has never violated parole before. My fiancé seems to be convinced he’s getting out, and I wouldn’t even question if he weren’t on parole.
     
    Last edited: Feb 11, 2018
  2. army judge

    army judge Super Moderator

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    Its useless to predict the outcome of any court proceeding.
    I suggest you continue to wait, as you have no other choice.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You mean he never got caught violating parole before. The truth is that he violated parole every day that he had marijuana in his possession.

    As to what is going on with the court case, his lawyer should be the one answering your questions.
     
    leslie82 likes this.
  4. tlk22

    tlk22 Law Topic Starter New Member

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    The day he was arrested for possession was the first & only day he had marijuana in his possession since his original release from prison, therefore he didn’t have it in his possession “everyday”. But thanks for your kind and honest answer! You can really tell the mods on here are a happy bunch of people lol.
     
  5. 4Justice_MD

    4Justice_MD Member

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    Hello there Mam: The first thing here for you to understand is,a "detainer,in the context of probation/parole means,his parole officer,has barred him from getting out on bond,while his case is pending,and as they told you,"until the outcome of the criminal case."Ofcourse,this is something their legally allowed to do given his parole status.
    As far as the discovery,and 30 day continuance goes.It appears that a key piece of evidence stills needs to be tested,or examined,and this evidence is vital to the prosecution in proving their case,hence the 30 day continuance.
    No one on here is in any position to predict what the outcome of your fiance will be,ow whether his paroled will ultimately be revoked as a result of that outcome.One thing here though,you should keep in mind.Regardless of weather he is convicted on the new charge or not,parole can still be revoked,simply because,he caught a new charge,weather guilty or not.
    Hope everything works out,but your fiance gonna have to walk a tight line to stay out of prison.
     
  6. tlk22

    tlk22 Law Topic Starter New Member

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    Thank you very much, I appreciate the help!
     
  7. 4Justice_MD

    4Justice_MD Member

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    LOL: I swear,if some people were to ever smile,their whole face would crack.
     
  8. 4Justice_MD

    4Justice_MD Member

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    Oh,certainly,you are quite welcome.
     
  9. tlk22

    tlk22 Law Topic Starter New Member

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    Haha, I’m not sure some people know HOW to smile! Maybe I worded it wrong, but I don’t think I asked “does anyone know the exact date of his release?”, I was just wondering if anyone had experienced something similar and if it was more plausible that they would keep him in there than to release him. But you definitely cleared up some of my questions so again, thank you for being the only person who seemed to answer my question(s) and not just post a rude response.
     
  10. Highwayman

    Highwayman Well-Known Member

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    That YOU know of. Someone like that doesn't just use it for one day and then forgets about it. You're very naive.

    What is he on parole for?
     
    leslie82 likes this.
  11. adjusterjack

    adjusterjack Super Moderator

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    Typical of women that date criminals. Naïve, low self-esteem, impressed by "bad boys." Or criminals in their own right.

    I'd like to know that, too.
     
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  12. tlk22

    tlk22 Law Topic Starter New Member

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    I DO know because he doesn’t smoke, he got it for a friend. Also, I was with him all day everyday. You’re naive to assume things when you only know a fraction of the facts. He is an honest and open person and if he were to have marijuana on him everyday, I would’ve known. It’s people like you who nit pick at every little detail and try to make a situation something it’s not. Thank you for answering my question, as you only commented to make a negative remark and attempt to judge me based on the very little information you think you know about my fiancé. And I’m sure you’ll come back with a, “Well he’s on parole and incarcerated so...” LOL. Please spare me your negative opinion because at the end of the day it literally does not matter and won’t change anything about his situation. Judging by other’s posts you live to comment your negative opinion instead of giving advice, which was what I thought this forum was for. You’re right, I must really be naive lol. Please don’t respond because you’ll simply be wasting your time. No matter how nasty I’m sure your response would be you won’t get a further response from me. Have a lovely day!
     
  13. 4Justice_MD

    4Justice_MD Member

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    Oh yeah,sure,I get where your coming from,and on that note,no one can predict weather his parole officer,will end up revoking his parole or not,or what will be the outcome of his case on the new charge,just bear in mind,parole is a privilege,and not a right,so,it doesn't take very much at all to be revoked.
     
  14. tlk22

    tlk22 Law Topic Starter New Member

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    Yikes, your whole reply screamed low self esteem lol. You know you hate your life when you feel obligated to judge others on a law forum, lol!! Have a good day.
     
  15. tlk22

    tlk22 Law Topic Starter New Member

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    Yeah, I totally understand! Parole is nothing to play with. Sometimes people make bad decisions. Notice I didn’t say mistake, because he knew damn well what he was doing and risked the consequences so now we BOTH have to deal with it. Thanks so much for you input. I’m hoping for the best but I’m a realist and know that there’s a good chance it won’t work in his favor.
     
  16. army judge

    army judge Super Moderator

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    If he keeps his nose clean in jail and he was carrying a nominal amount of weed he won't likely be incarcerated in prison after the criminal charge is adjudicated with time served and a fine, maybe community service.

    Bottom line, he must walk the straight and narrow until he's off paper.

    He should write a sincere letter of apology to his PO but only after he discusses the matter with his lawyer.

    You and he should never discuss any aspect of the charge until this matter has ended.

    All jail and prison telephone calls are recorded, all mail is read by jail/prison personnel.
     
  17. tlk22

    tlk22 Law Topic Starter New Member

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    Thank you very much, your answer was very helpful. And you are right, I shouldn’t be discussing it. This is my first time dealing with situation and sometimes it can be scary dealing with it alone.
     
  18. army judge

    army judge Super Moderator

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    ANYTHING a criminal defendant does or says, CAN and WILL be used against her or him in a court of law.

    Hence, The Miranda Warning, a creature of our fifth amendment constitutional right NOT to be forced to incriminate one's self, an ABSOLUTE right to remain silent and stand mute.


    Big Brother and Big Sister are always lurking, listening, and looking.

    Either has but one desire, one purpose, to turn an accused into a convicted, causing the convicted to be incarcerated or extinguished.

    I don't like most of their laws, but I abhor and fear their punishments.

    As a result, I admonish others simply not to resist them, obey their laws, they won't waste time monitoring or sanctioning you.

    I love four things: my God, my health, my freedom, and my wealth.

    If I were to lose one of them, I'd also lose my life.

    I protect and cherish all four.
     
  19. leslie82

    leslie82 Well-Known Member

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    Considering the type of people that show up on here posting...you'd understand the reluctance to believe that would be his first time ever having marijuana since he was put on probation.

    My ex husband was on probation for two years - and he used drugs or drank the majority of the time he was on it. He just never got caught - somehow he passed a UA when he smoke pot like the day before. The only infractions he got was missing three UAs and he had to do 21 days for it.

    I'm going to also be leery that if someone on probation fails a UA or gets caught with drugs that it was their "first time' using or having it on probation. That's just based on experience with my ex and all his criminal friends. But I was there once - I used to defend my ex to people all the time too.
     
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  20. leslie82

    leslie82 Well-Known Member

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    No one was rude. Honest yes. Rude no.
     
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