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I am trying to get a parole hold lifted. After reviewing…

Customer Question
I am trying to...

I am trying to get a parole hold lifted. After reviewing several cases where a writ of habeas corpus was filed they were all denied stating they had to exhaust all states efforts. What state efforts are there to get this lifted?

Lawyer's Assistant: Since parole regulations vary, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes I have however he states in 30 yrs he has never seen one filed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do not think so

Submitted: 8 months ago.Category: Criminal Law
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Answered in 20 minutes by:
9/20/2017
Criminal Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,455
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Why is there a parole hold, since parole is completely at the discretion of the parole board?

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Customer reply replied 8 months ago

There has been allegations on a simple assault by his ex girlfriend. He was arrested on this charge on 09/08. He posted bail for that charge on 09/12. I spoke with his parole office the day before about lifting this hold. I also sent a complaint to the XXXXX and his parole officers supervisor emailed me stating his parole officer already addressed me about this. I also sent a letter directly to the parole board. The charge that he is being accused of is a very small charge and he is taking it to trial as we are confident we can beat the case since he did not do what he is being accused of, his ex is simply trying to get him in trouble

Criminal Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your reply.

I have to say that denial of parole based on pending charges is the most common complaint we get from inmates. I have rarely if ever seen any court intervention on this type of case, because as I said parole is discretionary to the parole board and not the courts. So the court will not step on the toes of the executive branch of government, since the parole board comes under the governor's office authority and as such is part of the executive branch. So the reason you do not see these granted is because of separation of powers in that the court does not intervene in powers left to the executive branch.

So you need to take this through the parole board and exhaust those remedies and then the governor's board of pardon and parole to seek a commutation of sentence.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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