Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I have a 22 yr old son you was in a correction center for two

Customer Question
years for a compilation of...
I have a 22 yr old son you was in a correction center for two years for a compilation of misdemeanors. He was paroled in July '08. He has continued to attend & pay for all parole mtgs. This last time he went Feb., 18th they smelled beer on his breath, handcuffed him & took him to dentention area. He was not drunk, just lunch w/ friend. They strapped him to a chair, placed him in the rain for hours, allowed to urinate and throw up on himself. Of course he is now sick. He was also chocked by another detention employee. Anyway, my question is, he is going before parole board this Thursday, March 5th, I have given monies for a public defender, which I have yet to hear from. What is the best thing I can say or do that will help assure my son will be released back into parole and secondly what can I do about the abuse? Sincerely XXXXX XXXXX mother that is astounded at the corruption w/in our judicial systems! Deena
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
3/2/2009
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified

hi

 

can you please tell me what state this has happened in ?

Ask Your Own Criminal Law Question
Customer reply replied 8 years ago
Berkeley County In South Carolina
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

if he went into see his PO and had a smell of alcohol on his breathe, he could be in violation of any "special conditions" that were imposed such as "substain from alcohol and illegal subtances"

 

however, i dont believe they should have been able to arrest him solely on that. they would have need a "warrant for his arrest" and the PO would have to apply to the parole board for that recall warrant. this is because once someone is released on parole there is a "liberty interest" and therefore, they are entitled to due process.

 

it is possible that you dont have the whole story and that an "arrest warrant" was out for him and they were going to arrest him when he arrived anyway. or it is also possible that that PO had received the "recall warrant" for some other violation that you are unaware of. anyway, you will want to look into that.

 

as to the way he was detained, that seems to be a violation of his civil rights under the US Constitution and there could be a basis for a civil lawsuit. so you will want to confer with a local attorney on that matter.

 

at the revocation hearing, the parole board will evaluate the entire situation - they board can revoked the parole and reinstate the remaining portion of his sentence at its discretion

 

if you are having a problem with the PD assigned to your son's case, then you should contact the supervising attorney in that office and see what is going on with the matter. keep in mind, that your son will need to give permission for them to talk to you as he has a confidentiality with that attorney representing him

 

 

Ask Your Own Criminal Law Question
Criminal Lawyer: Samuel II, Attorney at Law replied 8 years ago

hi

 

you also can contact the ACLU in SC to discuss the civil rights issue - they handle those matters of "excessive" or "brutality"

 

ACLU South Carolina National Office
Executive Director: Victoria Middleton
P.O. Box 20998
Charleston, SCNNN-NN-NNNN
Phone:(NNN) NNN-NNNN
Email: [email protected]

 

 

Ask Your Own Criminal Law Question
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Why would a federal judge in Ohio seal a the sentencing
Why would a federal judge in Ohio seal a the sentencing memorandum of a person convicted of healthcare fraud and money laundering for $34-million? From Pacer.gov- SEALED Document: Sentencing Memorandu… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I was convicted of 3 misdemeanors, but have not been tried
Hi I was convicted of 3 misdemeanors, but have not been tried yet... I would like to travel to UK for 50the B-day and would be back by 2/20 for my court date. Is this possible... I know how hard it is… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
The parole board took a sex case from 1980 antld try to make
The parole board took a sex case from 1980 antld try to make me register as a sex offender. But it didn't work. Now they have me as a discretionary sex offender. That crime happen over 35 yrs ago. I h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I got charged with a misdemeanor possesion of drug
i got charged with a misdemeanor possesion of drug paraphernalia. I got it dismissed. how hard is it to get it explunged in illinoise and how long does it take?i … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Filed a false. Police charge with. a misdemeanor out on
Filed a false. Police charge with. a misdemeanor out on unsure. Bond what is the. WOrst Thing That. Can happen to me i am so sorry help me do not want to go jail happen in NC live in Pa hearing Januar… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Can i renew my cosmetology license in WA with a misdemeanor?
Can i renew my cosmetology license in WA with a misdemeanor? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
85 satisfied customers
My brother was sentenced to 7 year in prison and completed
Hi My brother was sentenced to 7 year in prison and completed 5 … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I was arrested in August and got a misdemeanor then. In
Hi. I was arrested in August and got a misdemeanor then. In November I was arrested again. I had ten charges (using a fake licenses and grand theft) 3rd felony degree . On the next after releasing fro… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Rather PL 245.01 is a violation or misdemeanor. NYS in 1995
NYS in 1995 charges we're PL 230.00 BM,PL 245.01 00 V,arraignment charges case disposition information is 1/14/1995 Pled Guilty and Sentenced imposed PG PL 245.01 00 V Conditional Discharge =1Y Sealed After Conviction Section 160.55 date of arrest 1/13/1995 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My daughter is serving an eight year prison sentence in
My daughter is serving an eight year prison sentence in Nevada. She has an interstate agreement from Arkansas. Looking for forms to request her sentence in Arkansas run concurrent with Nevada. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I was given Misdemeanor probation in Collin County Texas.
I was given Misdemeanor probation in Collin County Texas. The judge asked me if I wanted to keep my back jail time or if I wanted to apply it towards court costs, fines, etc. I elected to keep the bac… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What is the sentence for forgery in Delaware? The police
The police will arrest my son om Wednesday when I bring him hime from rehab. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
I am out on parole on D*** parole board special condition my
I am out on parole on D*** parole board special condition my parole to have Smart Start I've had it 3 years no problems money is up to date I had recently suffered a mild stroke and I am on disability… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Does the address a parolee give the parol board have to be
Does the address a parolee give the parol board have to be the same where they will be living ?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x