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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92553
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was on state parole that rolled over to a five year state

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I was on state parole that rolled over to a five year state supervised parole. I recieved a letter from the state parole board stating that my case was closed. Yet yesterday I recieved a call from a county adult probation saying my case was on there desk. First is this able.to happen, and also what happens to the time that I wasn't technically on probation. Also is there anything I can do to.fight this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did you have both probation and parole as part of your sentence?
Customer: replied 1 year ago.
Yes probation and parole were part of the sentence
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If both probation and parole were part of the sentence, when you received early release of parole the probation part of your sentence begins. Thus, if you are being contacted by the probation office, you must contact them to determine what they are going to do with that probation part of your sentence now that you received an early release from parole. It is possible they could put you on inactive probation, meaning you do not have to report, but I am afraid that if probation was part of your sentence you still do have to contact them even though the parole board granted you early parole release.




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Customer: replied 1 year ago.
There wasn't an early release I was sentenced in 2008 did three of a four year sentence and was released in 2011 at with time my parole started, I walked off parole and then it switched to state supervised probation but after a little of a year of the probation is when I recieved the letter from the state probation that my case was closed. Now almost a full year later the county probation office is contacting me and saying my case is on there desk, how is this if I was sentenced to all state supervised probation and parole, and also since the state closed out, how does the county have any jurisdiction here
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the updated information and clarification.

You need to still contact the local probation office to make sure they did not transfer it to the local office. It could also be that the local office was not notified that the state office closed your probation as well as your parole. So you start with contacting the local office and providing them a copy of the letter you received because ultimately it is up to the local office to coordinate the probation with the state office.
Customer: replied 1 year ago.
But is there any legal ground to fight them on this, since its there mistake not mine
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Legally, I am afraid that if someone made a mistake in releasing you from probation, this is not something you can go to court over to argue that because they made the mistake you should no longer be on probation. You could make the argument possibly that you should be given credit for inactive probation for the time between when the state sent the letter and from when the county picked it up. It might not come to that though, since this may just be miscommunication between the state and county office and the county may close their case as well once they verify with the state that your probation was released if the state did release it.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92553
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Law Educator, Esq.
Law Educator, Esq.
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Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience