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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21673
Experience:  Handle criminal matters in both state and federal courts.
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Lifer done 23years got released 4years ago. Doing great in

Customer Question

Lifer done 23years got released 4years ago. Doing great in these 4 years, still on parole. But unfortunately one day he got in a car accident, but he didn't hit nobody. So now he got arrested. it's DUI misdemeanor. Will he do life time in prison again?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

hi

 

of course, the Parole Board can impose the remainder of any sentence when a parole is revoked. it will all depend on the recommendation of the parole agent as to is overall behavior - was he employed, etc.

Customer: replied 4 years ago.
Relist: Answer quality.
i need more detail. what can I do to help my brother.
Expert:  Samuel II replied 4 years ago.

hi

 

you can contact his PO and see what type of recommendation they will make on your brother's behalf - it is possible that the PO can make a recommendation to continue him on parole, if he has been in compliance all those years and this is a non-violent crime he is charged with. so the best thing to do is contact the PO and try to get them on your side. they will play a huge part in what the Parole Board decides to do.

 

if your brother was employed, a letter of reference from the employer stating that he is a hard worker who is dependable.

 

if he has a family that is dependent on his salary, that will be helpful to have that noted a at the revocation hearing. also, he is entitled to have legal representation at the revocation hearing. so you might consider consulting with a local attorney who has experience in these matters to represent him and present him in the best possible light to the Parole Board.

 

 

Customer: replied 4 years ago.
Relist: Answer quality.
but is that cause he is a lifer, the parole board would send him back to life sentense again?
Expert:  Samuel II replied 4 years ago.

hi

 

if he has a life sentence then the Board can certainly impose that as a sentence, yes. however, it is rare they would do that, since he was paroled to begin with. they had to see some redeeming qualities in his behavior, etc.

 

but yes, they can. that is why if you want to help, you need to consider my suggestions. the Board will take all of that into consideration.

Customer: replied 4 years ago.
Relist: Answer quality.
is that better if I hire a personal atterny to beat his DUI case. Then his parole vialiation would look better?
Expert:  Samuel II replied 4 years ago.

hi

 

the Parole Board can revoke a parole merely on an arrest. it does not need a conviction - the Parole Board's standard is a preponderance of the evidence - not like in a court room where there has to be a standard of proof which is beyond a reasonable doubt.

 

so, i just want you to be aware that the Parole Board does not need a conviction. it can revoke simply on a charge.

 

however, with that being said, if he has done well while on parole, as i discussed earlier, and he is not convicted then the Board may continue him on his parole. additionally, when the Board revokes they are dealing with a "liberty interest" - that means that while there is no right to parole once the Board has granted Parole, they need a good and substantial reason to revoke it. in other words it cannot be arbitrary or capriciously

 

therefore, should his parole be revoked he does have a right to appeal it to the courts.

 

the botXXXXX XXXXXne is - it's 6 of one and 1/2 dozen of the other. if you can get a lawyer who can get the DUI dismissed that may carry weight with the Board - although it does not have to because as i explained the Board does not need a conviction

 

if you hire a lawyer to handle the revocation hearing they may be able to present your brother in such a good light, with employment references, community ties, good compliance with the Parole Officer that the Board would not revoke on a mere arrest.

 

perhaps, now that i have explained it all to you, you might consider a consult with a local attorney to discuss both the DUI and the Parole revo hearing. maybe you can get a lawyer who will handle both for a flat fee.

 

if you need a referral for an attorney i suggest you contact the CA Bar Association - here is that information

 

please follow up here, if you still have more questions on this matter.

 

 

 

 

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