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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23197
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My 41 year old son remains in State Prison because he violated

Customer Question

My 41 year old son remains in State Prison because he violated his parole. Since he could not get a job due to his criminal history. He started using his car to taxi people for a fee. He was arrested because of an offense that occurred as a result of him taxi-ing people who went to a store, purchased items(so he thougt), and had him wait and then he taxied these people to a place where they first entered his car.
Problem-he did not know that they actually stole the items which were worth over $500. My son said that they drew a gun on him when they entered his car with their purchases. He took them where they wanted to go&was paid for the taxie service. Subsequently, he was arrested based on his license plate # ***** make of the car. He took a misdemeanor plea deal so that he would not have any additonal felony on his record. He had spent 9 months in the county jail & was subsequently transferred to State Prison due to the parole violation.
I understand he will have a parole violation hearing. His father and I are still paying the Criminal Defense Attorney per our signed contract for our son's defense. Is it best for our son to defend himself via "free"lawyer with a justification approach? Just what should he do now?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.
Hello, Is his only legal matter the parole violation?
Expert:  Zoey_ JD replied 6 months ago.
Hello, At a parole hearing, the state does not have to prove your son guilty of his charges beyond a reasonable doubt, which is the standard for a conviction at trial. All parole needs in order to violate a parolee is probable cause. Probable cause is just a reasonable belief that your son may have been involved in criminal activity. And it's reasonable to believe that if your son drove the people who robbed the store to and from the location, that he may have been involved in the criminal enterprise. Additionally, he pled guilty to a misdemeanor. So the violation is almost certainly going to be upheld, and the only issue is how harshly he'll be sanctioned for it. That's where his defense would come in and where the quality of the lawyer can make a real difference. If his paid lawyer has experience doing parole revocation hearings and he's been happy with the services of his lawyer, then staying with the paid lawyer is a good decision. If the free lawyer only handles parole revocation matters, however, he may know the ropes better and could be of more benefit to your son. You'd need to talk to both lawyers and compare their experience.

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