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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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parole

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my son was released on parole in once month he got his license, fork lift license an enrolled in school. atthe 30 day mark his PO shows up tells him he had a dirty test, which he only had one test and that was from the prison straigh tto parole so there wasnt any room for error.He swears he would have told me if he had, as in the past we made a pact that if he slipped up hed tell me., and he would. The woman didnt want him to come live with me would prefer he be on the streets trying to make it on the 200 gate money and the lack of educational tools while inside. They offered no help when he got out he and I did everything all the researching he did all the calling.And  made such progress .So she shows up says the test he took right when he got out was dirty so she is going to make him go into inhouse rehab which could be up to 3-6 months. She said there are no beds so he will sit in county jail until a bed opens. So he freaked and ran. he plans to get his head together and turn himself in butwhat will it mean then? hHe has two felonies. never ever any drug charges.where do we turn and what should he do. Shes hell bent on destroying him and sending him back. Itslike some jeaous woman that feels she has to be the one to rescue him. help.. he was also told by a fewothersthat htey have done 602s on her but they cant get rid of her and she ends up with everyone back in prison.

Hello

Welcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry that the system is so messed up at times. And that your son is in this situation.

Can you please tell me what information I can provide for you in this regard?
Customer: replied 3 years ago.

I need to know what will happen when he turns himself in. Does she or did she have a right to do this? He tried telling her the accomplishment and ground he was making but the only thing she cared to discuss was "his sobriety". Hasnt she ever heard the term " replace a bad habit with a good one" Shes just jumping to conclusions that hes going to fail because she found a trace or whatever of meth in his urine. that could have been slipped to him at anytime in there. Hes told me all up front as we agreed and swears he did not do any meth in there (rephrase, hadnt touched any in two years and prior to that slipped 2 tmes and told me both times). She didnt even say this in front of me she waited til he walked her out and she said "you can consider this a drop off youre not coming back".No option, no proof, no real reason besides her saying he had meth in his system when he did the urine test right out of the prison. If she does this to him he will have drugs on his record and he will never be ale to see his daughter again. Does he have any recourse? How or where can he get help?He did his time paid his dues. We were in the process of getting an apartment far away from the old neighborhoods and now I dont know what I should do. If I call her she will turn this into me being an accomplice. Ive seen how these people work. I used to have respect for them but Ive seen too much. I even gave her a benefit of the doubt but the more she spoke the less respect I had/have.


so to be more direct in questioning. What will happen when he turns himself in? How much time will he get. Does he have a rigth/will they let him fight this so he can go to school and work

Hello

1 - He will be incarcerated once he turns himself in. Now, he is an "absconder" and the parole board is not going to take that lightly. He will now have a "revocation hearing" and the board will decide if he should be continued on his parole or if he will have to return to finish his time

2 - It is her job to have testing and also if it is dirty to decide if she should give another test or immediately decide to put him in rehab. Rehab being an alternative to the full blown revocation hearing as he will now have because he "absconded" from supervision

3 - I suggest the only thing you can do is have your son turn himself in sooner than later. However, you may consider having him have a drug test done at an independent clinic and take those results with him to his revocation hearing showing that the reason he absconded is because he felt he was doing well, and the system was failing him. Show the board the most recent test result and state that the other test was inaccruate and as such he was frustrated because he had a job and was doing all that he was supposed to be doing.

I suggest that he also provide proof of the job and what ever else he was doing in full compliance with the terms and conditions of his Parole to show the Board that he was trying and that the agent jumped the gun because of an inaccurate drug test
Customer: replied 3 years ago.

will it be better to turn himself in sooner than later or will it matter at this point.is there someone he can call?Im afraid if i tell his he risks now going back to complete his time he wont "make it"

Hello

I understand. But the longer he is out there, the hard the Board will look at this

I suggest you can contact the Public Defender in your county and tell them what is going on and have them direct you with how to proceed to get him in. The Public Defender can be present at the Parole Revocation hearing on his behalf.
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