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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23592
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My boyfriend is in an Indiana prison on a parole violation.

Customer Question

My boyfriend is in an Indiana prison on a parole violation. He got a DUI in Kentucky but he beat the case in court. The charges were dropped. But they held him anyway and Indiana came and got him and put him back in prison. He's been there 6 months for nothing. They also said he violated his parole by having a motor vehicle in his name but the vehicle they have listed is my vehicle. He hasn't had a vehicle in his name. They have his outdate as being February 2018. How can they possibly hold him like this for nothing when there was no violation??? Please help.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hello,

If your boyfriend has already had his hearing, he needs a parole revocation lawyer to see if there is anything that can be done for him at this time. If he is being wrongfully detained, a lawyer can file a writ of habeas corpus to get the state to show good cause why he's still being held and if they cannot, to release him.

What I can say, however, as unfair as it turns out to be, parole can violate just for an arrest, no matter how the result of that case comes out. If there was probable cause for the police to stop your boyfriend for the DUI, that is a lawful basis for a violation.

Whether Parole should have revoked his parole altogether instead of imposing just a short-term sanction is something I don't know, because it depends on a great many other factors to which I have no access. But this all can be looked into by a criminal lawyer who regularly deals with parole proceedings.

Customer: replied 4 months ago.
They didn't stop us. We were parked at a location. They have one of his violations as having a vehicle in his name. The vehicle listed is my vehicle and has never been in his name. There were no violations. Do you think he could be freed or is it a waste of time?
Expert:  Zoey_ JD replied 4 months ago.

I don't have enough information to tell, unfortunately. I'd need to see the official record, which of course, I cannot do. I would urge you to consult with a parole lawyer, however. Even if it turns out that there isn't much that can be done, you will know that you did everything you could to get him home.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.