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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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8/18/10 my husband is on parole his po came to our home and

Customer Question

8/18/10 my husband is on parole his po came to our home and conducted his once a month in home check/drug test.po insists husband tampered with test only myself husband where in room po accused husband test wasnt warm enough(urine).now po had no thermometer to test it.he watched husband pee.po then said husband to be at po office at 1pm same day to retest.we showed up at 1pm and po left as we arrived husband then tested for another po.both tests came back negative.following morning po came to our home with 6 to 8 officers to do parole search 5:45am the only thing po found was a tiny pocket knife and toook husband to jail.husband still in jail and we have yet to seehear anything no parole hearing no report been filed nothing i honestly feel po has it in for my husband my husband has been a model prisoner/parolee, he has paid all fines restituition,attended madd paid for it and recieved certificate of completion,got his driving priviledges back was to start contractors school on 19th paid for it and he is unable to in jail,po is nothing moree than a insecure power prick jealous bully who apparentley doesnt have any clue to how to do his job. he has intimidates,threatens us with jail we need help desperately pleasesincerely nikki
Submitted: 4 years ago via Nolo Press.
Category: Criminal Law
Expert:  ScottyMacEsq replied 4 years ago.
Chat Conversation Started
ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Can you tell me what the terms of his parole state, in terms of weapon possession?

Customer :

no guns knives not sure what exactly the length is i think nothing over 3in.in posession meaning? also how can po keep him in jail nobail parole hold no date for a hearing? what is dead time?

Customer :

mr mac you dont practice in california do you? also not sure if i understand the parole law that states something about parole cannot be revoked if parolee has commited a offense that has nothing to do with his parole or something like that read it online last night in the parolee handbook.i am very confused.

ScottyMacEsq :

"Dead time" is time an incarcerated individual serves for which no credit is given. "Credit" is usually given for periods of incarceration prior to sentencing. For example, if someone is held on bond for one year, and is then sentenced to three years, that person may be given "credit" for the one year that they already served and therefore see their incarceration terminate after two years. Often times, prosecutors will set low bonds on new files if the defendant is already being held on a higher bond, just to give the defendant "credit" on those files, due to the fact that no credit is given if no bond is set.

ScottyMacEsq :

Parole hold means no bond, no hearing, etc... That's why you need to raise hell about it.

ScottyMacEsq :

Now I'm not a California attorney, but parole is very similar in most states, including Texas.

ScottyMacEsq :

How long was the blade?

Customer :

to who? i have to go to work now. can u please help me ?

ScottyMacEsq :

You need a criminal attorney in your area, that practices in front of the judges and knows the parole officers.

ScottyMacEsq :

If you do not already have on, you really need to get one.

ScottyMacEsq :

That being said, you need to contact an attorney in your area that deals with criminal cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Customer :

i think 1 or 2in.

ScottyMacEsq :

If you can't afford an attorney, you need to petition the court for an attorney. You'd have to file an affidavit of indigence. This is something the court clerk can help you with.

ScottyMacEsq :

And it was just a regular pocket knife (not a switch blade, butterfly knife, etc...)?

Customer :

well i thought you where going to tell me more than that? have to go thanks

ScottyMacEsq :

That's what you need to do. I would tell you if this was something you could do on your own, but unfortunately now you need professional legal help.

Customer :

yes a small pocket knife that he uses to cut and scrape hoses gaskets etc...

ScottyMacEsq :

That being said, you should be able to get a quick hearing in front of a judge with an attorney, because of due process.

ScottyMacEsq :

I highly doubt that this pocket knife could ever be enough to be a violation of his parole conditions.

Customer :

can u at least tell me who i can file some sort of complaint or internal affairs can i even do that?

Customer :

does the law state he cant even have a knive for job?

Customer :

po took that pocket knife in pant pocket yet another one sitting on table never said a word

ScottyMacEsq :

You'd have to look at the conditions of the parole, but almost always these just talk about prohibited weapons. That is that they can't hold guns, large bowie knives, etc...

Customer :

sorry have to go would like to ask more questions wont b back till this evening

ScottyMacEsq :

You can complain to California Probation, Parole, and Correctional Assn.XXXXXSuite M
Sacramento, CA 95815(NNN) NNN-NNNNbr />
State Personnel Board
801 Capitol Mall M.S. 15
Sacramento, CA 95814(NNN) NNN-NNNNbr />

ScottyMacEsq :

But also you should raise hell... contact media, the PO himself, etc...

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ScottyMacEsq
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Licensed Texas General Practice Attorney