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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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What would happen if the state made up a dismissal just for

Resolved Question:

What would happen if the state made up a dismissal just for the defendant to be discharged from parole and then when the defendant is discharged from parole they sent it to the grand jury two months later for a indictment?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.

hi

 

it would make no sense for a charge to be dismissed to vacate the parole - as a new conviction while on parole could bring more time than a lone charge - because a new conviction can bring on a revocation of the parole and the new sentence can be ordered to run consecutive to the old one for which the person is on parole

 

Customer: replied 8 years ago.
Well I know that it wouldn't make any sense in any way but the county did in fact file a dismissal so that the defendant can be discharged from parole and then sent it to the grand jury two months later and in turn also removed the dismissal from the county clerks office what do I do?
Expert:  Samuel II replied 8 years ago.

hi

 

well, there is nothing you can do - the state did nothing wrong. they have the right to go to the grand jury in lieu of the lower courts charges. as long as they were within the statute of limitations from the date of the alledged crime they have not violated any rights

 

 

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