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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16233
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend was arrested on a dui when he went to trial they

Customer Question

My boyfriend was arrested on a dui when he went to trial they droped it to a wreckless driving. His parole officer is trying to violate him for that and throw him back in jail for a traffic ticket. He's been out of prision for a year and a half hes never been in any trouble for the year and a half that hes been out hes working and supports his family that he has. He has never missed a appiontment with his parole officer and every time he has been i have been with him and the kids. I need to know what we can do to help keep him out of jail.
Thank You
Submitted: 3 years ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

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

ScottyMacEsq :

Was the parole contingent upon not drinking, etc...? Did the terms of the parole talk about arrest / conviction / or other criteria that would be grounds for revocation? That is, are the terms contingent upon the commission of the act, or upon a judicial finding of said commission?

Customer :

at first when they sentenced him they did not say he couldnt drink, but when he got this new parole officer he put in his own stipulatuon of what he could not do.

Expert:  Zoey_ JD replied 3 years ago.
Hi Jacustomer,

Unfortunately, one big problem here is that parole can violate if it chooses just for the fact of a new arrest. Parole does not have to wait for a conviction, though here, in fact, there is a conviction, as your boyfriend has taken a plea. I don't know where you get the idea that Reckless driving is a traffic ticket. It is a driving offense, to be sure, but it is a criminal misdmeanor.

The other big problem is that a parolee is essentially a sentenced prisoner. He may be at liberty, but that liberty is closely monitored and entirely dependent on him doing what parole asks of him, such as avoiding new arrests. Parolees do not have the same rights as people who are not under parole supervision. If they are set upon violating him, that is what they will do. About the only thing you can do, if they do violate him is to get him a lawyer to help him at the hearing so that the sanctions are kept to a minimum. With that piece, at least, representation may make some difference.

Sorry to be the bearer of bad news.

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