galder
Aug 11, 2009, 08:25 PM
I live in Kentucky and was charged with theft by unlawful taking over 300 11 years ago. I was originally probated but was revoked in 2002 for behind on restitution and served 2 yrs of 5 yr sentence. Paroled in 2004 ordered to pay 100.00 month rest. My maximum expiration date was June 12 2007, but the parole office kept telling me I have to stay on this until rest. Paid in full. I lost my job in Dec 2008 and have been unemployed and just went to a probable cause hearing last week for being behind on rest again. Even the administrative law judge said she was going to advise parole board to discharge me because they have no time to give me because the max. exp. Date of sentence was 2 yrs ago. I was notified by my public defender today that the board issued a warrant and that I have to turn myself in and go before the board for violation. My parole officer spoke highly of me and even the administrative law judge told the public defender she was shocked at how they could do this. The public defender said that if you are on PROBATION and owe restitution they can hold you until it is paid in Kentucky, but PAROLE they cannot hold you past that expiration date. So now I have to turn myself in to custody and meet a parole board for a violation when I am not even supposed to be on this anymore. I have no pending charges or any other problems. Does anyone know the constitutional or federal US laws that say this is just wrong to hold a person past the state maximum term of sentence?