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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117459
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I'm om paroleand just gota misdemeanor dwi and I'm 3 months out of safp and 15mths left on parole. If I drag out my dwi hearing so that my parole hearing held after I have less than 12 months left on parole will they likely not send me back thru safp and merely to isf for the usual 2 months since the safp is a 9 to 12 month program...?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
It doesn't really matter how long you drag out your DWI hearing because for the parole violation they look at the date the violation occurred, which is the date of your DWI arrest, no matter when you get convicted.

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Customer: replied 7 years ago.

the reasoning for delaying is that if I wait until I have less than 12 months left on parole, the board may not send me back thru the safp prgram(which is a 12 month program including the aftercare) but merely to an isf facility for a couple of months -their standardwrist slap punishment then back on the street to resume on parole

Expert:  Law Educator, Esq. replied 7 years ago.
That is not necessarily true however. As I said, the fact is that they look at the date of the offense and it is discretionary to them as to whether or not they give you the wrist slap, as you put it, or revoke the parole.