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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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My husbands uncle is on parole and assaulted him two nights

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My husbands uncle is on parole and assaulted him two nights ago. I just found out he is on parole. We did call the police and make a report and take pictures of the injuries my husband sustained. My husband declined to press charges at the time. His uncle has multiple felonly DUI and possession charges and his parole period does not end until december of this year. I want to press charges and turn him for violating his parole for causing bodily harm and assault and battery as well as threating me but I want to make sure this will be considered a violation of his parole. We live in SC and he committed this offense in the same county his parole is held. What steps can I take?
Welcome to JustAnswer.

(1) Are you certain your husband's uncle is on parole as opposed to probation? Has he been to prison?

(2) Why did your husband request that he not be prosecuted and has he changed his mind now or not?
Customer: replied 3 years ago.

I am sorry...he is on probation....My husband did not want to press charges at the time as we are living with his grandmother and his uncle is now living here. He did not want to cause any family drama is what he said however I know for a fact that he is on probation as I looked it up on a legal website and it is in Pickens county and it is for a 5 year period.

Alright, thank you for the additional information.

Committing a new crime is always a probation violation, but the state still has to prove it. Not to a jury but to a judge at a probation revocation hearing. Like a jury trial witnesses are required at this type of hearing and the judge has to be satisfied that the person committed a crime or otherwise violated their probation. The state is probably not going to file a petition to revoke his probation unless they think they have cooperative witnesses to substantiate it.

In fact, the Solicitor's Office may not even receive a report of the incident from the police since your husband told them he did not want him prosecuted. If they do receive a report, new charges and any attempt to revoke his probation will most likely not be pursued because your husband did not want to prosecute.

Your husband can tell call the officer(s) who took the report and tell them he would now like to prosecute. That will increase the likelihood that something will be done, but ultimately that decision will be up to the Solicitor's Office.
Customer: replied 3 years ago.

I know a probation judge and if their is proof that he caused bodily harm and I have evidence and my husband testifies that he did in fact inflict them then how could he not have to face some sort of punishment for that since he has already a very long list of class four felony charges against him? Would that not be strong enough evidence there that encourage the state to file a petition

Sure it could be, but when the victim tells the police they do not want to prosecute, the police and prosecutors assume they will not have a cooperative witness to testify at the revocation hearing.
Customer: replied 3 years ago.

are you able to e-mail my questions and answers to my e-mail for my own help in prusue this please?

Unfortunately, I am not allowed to email customers. Even if you posted your email address the website would xxx it out so that I could not see what it was.
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