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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110526
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hi, My brother is back in prison because while on probation

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My brother is back in prison because while on probation he hit that back of a car and left the scene. He also did not tell him parole office.

Right now he has a felony for this. So, now he has two felonies on his record. However I hired an attorney for him. It looks like this might be reduced to a misdeamenor (spelling ?).

My question is this? If next thursday it is reduced to a misdemer, his attorney tells me he could be out of prison that day. my brother says he won't be out until aft
He could be out of jail in a day if he did not have the prior felony he was on probation for, but what his attorney is not saying is that the probation violation now requires a hearing in addition to the hearing for the hit and run and it is separate. Thus, once this case is reduced to a misdemeanor, then the court or the parole board looks at the probation violation based on a misdemeanor committed while on probation as opposed to a felony while on probation. The good news is that they will credit him for any time served so far for the probation violation.

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