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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23965
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How can someone be held on a mdoc warrant before they have

Customer Question

How long can someone be held on a mdoc warrant before they have to do something with them
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Mississippi not exactly sure as to when it was issued but he was arrested this past Tuesday and is being held at the Adult Detention Center in the neighboring county
JA: Has anything been filed or reported?
Customer: Not sure all I know is the parole officer just said he had to file his paperwork and it was up to the parole board as to what happens to him
JA: Anything else you want the lawyer to know before I connect you?
Customer: My son was released on parole in August of last year placed on a ankle monitor. The monitor was taken off late January early February of this year. At the time it was taken off he was told your good to go. Now in a young man's mind he could interpreted that wrong but anyone could have. While he had the monitor on he never missed and they even called my phone several times either checkin on him or letting me know his monitor needed charging. After getting it off there was no communication of any kind. The parole officer claims to have came to my house several times yet there was nothing indicating he had ever been there. My son suffers from seizures and has had 9 or more since being incarcerated 7 of which happened Thursday night he was takin to the hospital where he was from 9pm till 2am. I'm afraid that he might have that one fatal seizure while being incarcerated for what could have been a simple misunderstanding or definitely a lack of communication on the parole officers part
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 3 months ago.

I was hoping to hear from you before typing an answer so that I was sure what you wanted addressed.

As far as parole is concerned, a violation can forfeit all of his release time and parole is entitled to hold him until the completion of his sentence, with credit for the time spend outside on supervision.

He should get hearing on the violation within 21 days of his detention, however, or he can be released. I have linked you to the law.

He is entitled while he is being held to adequate medical care or that would be a civil rights violation, for which you could sue the Department of Corrections. Adequate care doesn't have to match what he'd get on the outside, but it does mean that they can't turn a blind eye to a serious and potentially life-threatening condition. This time, they brought him to the hospital for treatment, which is what they are required to do. If the are ignoring his medical needs, you can contact his lawyer and have him get your son back before the judge to order treatment.

Expert:  Zoey_ JD replied 3 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.

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