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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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i need to know if you can go back to prison if you are ...

Customer Question

i need to know if you can go back to prison if you are on parole and you live in or move in with another parolee. both parties are now on parole.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

If you do not have the direct permission of your PO for your home plan then you can be violated on that. Also, if your PO has approved your homeplan and is not aware that another Parolee is there that would be a violation. Your PO has the final say in where you can live and with whom. If you gave your PO one address and now are living someplace else without asking first if you could move and have the new address approved, you can be violated.

If a statement of violation charges is written your PO can request a retake warrant, which will be issued, a hearing held on the violations and your parole can be revoked which would put you back in prison.

Best of success to you,

 

Customer: replied 6 years ago.
what should i do if i know that two people that are on parole and live together. should i make sure that that the po knows about them living together or make sure from the parolee that his po knows he is now living with another parolee. please respond i don't want my friend to go back to prison on something so stupid.
Expert:  Michelle replied 6 years ago.

Dear Customer

I suggest that you NOT take it upon yourself to contact the PO. But you can talk to your friend about it - part of being on Parole is learning how to take responsibility for your actions and choices. More than likely your friend has cleared this living arrangement with the PO.

Best of success to you,

 

 

Customer: replied 6 years ago.
o.k. i understand that part buy we are almost certain that the po does not know. because she move in with him in the middle of the night. and she also doesn't receive mail at this address. if the po finds out is it likely that the parole will be rovoke, we don't want for her to go back to jail. can we get her help. well she thinks shes
in love with him. we don't want for her to be hurt.
Expert:  Michelle replied 6 years ago.

Dear Customer

She can be revoked if her address has changed and she has not had prior approval. Whether she is getting mail there or not a PO can violate her if the PO makes a home visit and is told that she is not there and has not been there for whatever period of time.

You can go to the PO and explain what has happened and that you do not want your friend back in jail and ask the PO to discuss this living arrangement with your friend and to make it clear what the home plan is supposed to be. Keep in mind, that if your friend is not following the direction of the PO now there probably is not much you are going to be able to do - It appears that she just is not ready to comply and conform to direction from the PO. So, even if the PO goes over the rules, and regs and the homeplan with her - she might do what she feels she wants to do.

You appear to be loving and caring of your friend but sometimes they just are not ready - I know you do not want to do anything to jeopardize her freedom on parole at this point - so you might want to talk to her and let her know that the PO can write a statement of charges for violation and seek a retake warrant for her arrest.

 

Customer: replied 6 years ago.
i tried to talk to her. she just not listening. i'm thinking about what you said and stay out of it but i'm just afraid that this guy will just hurt her. i tried explaining to her she might go back to prison if her po finds out about this she says i'm only being jealous. i wish i had a time frame of how long after her po finds out how fast will it take to get the warrant. also if i decide to tell her po will it be anonomys or will i have to give my name. i'm not the only one talking to her about this. there are several of us don't want to see her hurt or go back to prison. i know this sounds like a soap box but truly it could be. also i guess i would need to know his full name which i'm sure i could find out.
Expert:  Michelle replied 6 years ago.

Dear Customer

It can be annoymous - you can call and not give your name and then the PO will make a house call to see where she is. If she cannot locate her and she does not show for her appointment the PO can file for a retake as an absconder. It is up to the PO how many chances they want to give before seeking a warrant. However, once the report is submitted for the warrant turn around could be as fast at two days to get it into the system.

 

Customer: replied 6 years ago.
the last question,will my friend's po contact the live in boyfriends po about the violation. i guess our concern is both person involve will be in trouble.
Expert:  Michelle replied 6 years ago.

Dear Customer

Well, they certainly can - unfortunately, I cannot give you a definitive on that. Keep in mind, that PO's are overworked and underpaid. It is all they can do to keep up with their clients. Many PO's have 80 to 100 parolees to supervise.

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
i just found out that she filed taxes claiming two dependents. she has no kids. also would it not catch up with her in the long run. she was paroled to a halfway house first and then she moved in with this guy. doesn't your dependent need to live with you for part of the year or at least you provided some kind of aid to them. i told you he was bad news. if she gets caught isn't that a violation. can't she go back to person for lying to the irs.
Expert:  Michelle replied 6 years ago.

Dear Customer

It sounds like she is really getting herself into a pickle - yes, she can be violated because if the IRS charges her she will face a federal conviction.

 

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