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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21753
Experience:  Handle criminal matters in both state and federal courts.
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I have a 22 yr old son you was in a correction center for two

Customer Question

I have a 22 yr old son you was in a correction center for two years for a compilation of misdemeanors. He was paroled in July '08. He has continued to attend & pay for all parole mtgs. This last time he went Feb., 18th they smelled beer on his breath, handcuffed him & took him to dentention area. He was not drunk, just lunch w/ friend. They strapped him to a chair, placed him in the rain for hours, allowed to urinate and throw up on himself. Of course he is now sick. He was also chocked by another detention employee. Anyway, my question is, he is going before parole board this Thursday, March 5th, I have given monies for a public defender, which I have yet to hear from. What is the best thing I can say or do that will help assure my son will be released back into parole and secondly what can I do about the abuse? Sincerely XXXXX XXXXX mother that is astounded at the corruption w/in our judicial systems! Deena
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

can you please tell me what state this has happened in ?

Customer: replied 5 years ago.
Berkeley County In South Carolina
Expert:  Samuel II replied 5 years ago.

hi

 

if he went into see his PO and had a smell of alcohol on his breathe, he could be in violation of any "special conditions" that were imposed such as "substain from alcohol and illegal subtances"

 

however, i dont believe they should have been able to arrest him solely on that. they would have need a "warrant for his arrest" and the PO would have to apply to the parole board for that recall warrant. this is because once someone is released on parole there is a "liberty interest" and therefore, they are entitled to due process.

 

it is possible that you dont have the whole story and that an "arrest warrant" was out for him and they were going to arrest him when he arrived anyway. or it is also possible that that PO had received the "recall warrant" for some other violation that you are unaware of. anyway, you will want to look into that.

 

as to the way he was detained, that seems to be a violation of his civil rights under the US Constitution and there could be a basis for a civil lawsuit. so you will want to confer with a local attorney on that matter.

 

at the revocation hearing, the parole board will evaluate the entire situation - they board can revoked the parole and reinstate the remaining portion of his sentence at its discretion

 

if you are having a problem with the PD assigned to your son's case, then you should contact the supervising attorney in that office and see what is going on with the matter. keep in mind, that your son will need to give permission for them to talk to you as he has a confidentiality with that attorney representing him

 

 

Expert:  Samuel II replied 5 years ago.

hi

 

you also can contact the ACLU in SC to discuss the civil rights issue - they handle those matters of "excessive" or "brutality"

 

ACLU South Carolina National Office
Executive Director: Victoria Middleton
P.O. Box 20998
Charleston, SCNNN-NN-NNNN
Phone:(NNN) NNN-NNNN
Email: info@aclusouthcarolina.org

 

 

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