[Shorte1813]

My husband was arrested on a parole vilolations all he did was accidentally step out of range. But his p.o. is saying that he was out of range 11 times for 4 hours at a time this was when he was when he worked over at work and I have the pay stubs to prove it. I get to go to the parole board hearing but I was wondering if anyone had any idea of the chances they may let him go he only had 7 months left on his parole. Also if you know what the parole board might like to hear from me

[twinkiedooter]

This sounds more like he was wearing an ankle monitor. How would the PO know he was out of range 11 times otherwise? When you are on probation and have an ankle monitor, you cannot just wander off out of range. The PO I am sure would have a "log" of the times that he was not within range. 11 times is a lot of times.

If he was wearing an ankle monitor and knew he was going to be working overtime at work, he should have immediately called his PO and informed him of this fact. After the fact is too late and there is basically nothing he can do at this point. Pay stubs are fine and all, but calling before you do any overtime or calling immediately as soon as he got home would have been much, much better. I am sure he was told the drill about being home at a certain time after work and it just went in one ear and out the other thinking Oh, I'm at work, it's okay, etc. Well, it's not okay to just make the rules up as you go. Technically he should not have worked the overtime if he did not have prior approval to be away from home.

This sounds like probation, not parole. Parole is when you've been in prison, probation is when you were in the county jail. I am not aware of anyone on parole who wears an ankle monitor. (I may be wrong about this, but I doubt it).

[Shorte1813]

Yes he was in prison and yes he is on a ankle monitor his parole officer said it is his works job to call him in he is not making up the rules as he goes he stepped behind a garage to pee and did not relize he was out of range he will not except my husbands call of doing over time his work has to verify it don't act like because he made a mistake he is a bad person making up his own rules

[Fr_Chuck]

No, it is the person who is on parole to go beyond the call to notify the PO of any and everything.

The PO is not there to help you or be your friend

If he worked over and no one notified the PO, he was in violation, if he knew the boundary and steped out on purpose, he was in violation.

I am sorry, the PO does not have to call and check on anything, since someone had the duty to call and report the working over. And it is not the job, but if ti was, it is then the job of the person on probation to make sure the call was made

[twinkiedooter]

yes he was in prison and yes he is on a ankle monitor his parole officer said it is his works job to call him in he is not making up the rules as he goes he stepped behind a garage to pee and did not relize he was out of range he will not except my husbands call of doing over time his work has to verify it don't act like jus because he made a mistake he is a bad person making up his own rules

Stepped behind a garage to pee? Doesn't he know how to use the men's room?

Also, was this "step behind the garage" for 4 hours? How does he explain that?

[Shorte1813]

The parole officer told him that work had to call in for him so he could make sure he was at work that the p.o had to be able to call work and verify it the p.o told him it was works responsiblility to call in and yes we are in the country we step outside to pee he did not realize that was where his boundary was and no he was not out there for 4 hours he just stepped out and back in. the point is that it was an accident not on purpose the point of the 4 hour thing with work is that his p.o said it was fine and is now using it against him I came here for help not for u guys to act like me and my husband are idiots

[lilbay]

When someone is placed on Parole or probation they become responsible for their actions not the parole or probation officer Not the police not the Job where they re Lucky as the devil to get a job at and sorry but Not yours as a wife or significant other.

The whole point of people getting released on parole is so that the person doing the time can Prove without a doubt that they learned how to live life on lifes terms as a law abiding and responsible citizen.

Sorry but the fact that he honestly believes that someone else should be held responsible for his freedom does not really come off as having learned much of anything about life on lifes terms.

Please do not take offense but he needs to just go in and admit what he did and ask the judge to give him a chance.
If in cat he was working overtime Next time he should either call ahead to the monitoring party OR tell the job that he is not able to do so until he is cleared to do so.

As far as your writing letters or testifying while you can give your man his p[apers to take in and show the judge that is not Your responsibility and it sort of makes him look again like he is not manning up to what He is supposed to do.



Good Luck

[excon]

Hello S:

If you have proof that he was working when they say he was "outside", then give it to HIM to present at HIS violation hearing. YOU can't present evidence.

If they believe him, they're not going to send him back for taking a leak. But, if they think he was out of range at non work times, they'll violate him.

Will they believe him? I don't know.

excon

[Shorte1813]

I plan to give it to him to present but I feel that I need to fight for him because I know how much he has changed and grown and the p.o is the one that told him it was works responsibility you can't say that he is supposed to listen to his p.o on one thing and not the other he is planning on manning up about it but they are going to see him as just another number they don't know him from adam I know and the people around him known how hard he has tried to do what he is supposed to that is why I thought letters from the people around him may help and his p.o. told him to call in and leave a message that he is working over which he did he also said it is works responsibility to call in and confirm it it is not his fault they did not do this it is also impossible to get ahold of the p.o fast enough and get a call back to work over he has a family he is supporting and needed the over time and understood it the way I told it and it was all fine and dandy till now why was it never a problem before and it is just popping up now why wasn;t he arrested the first time why did his p.o not say anything the first time it doesn't make any sense

[Shorte1813]

I also had very specific question that have not been answered the only thing that has happened is you telling me how wrong he was you do not know the situation and I am trying to find someone who knows about the process and that may be able to help me

[lilbay]

Actually I did answer you so that Possibly he will get his parole reestablished. Believe me I have been where you are as well as have been where he is myself in the past.
I have thankfully changed my path in life. I now volunteer with people who are working to change their own lives. So I am Very aware that people can and do change and that the saying about not changing ones stripes or teaching old dogs etc etc all those sayings are not really always true. Many people can and do mature and become positive and good law abiding folks.
So I am Telling you from experience what I know they have expressed in the past when a guys woman comes in and is offering all this proof.
They do not see it as someone who is changed and has supporting family there to back them up by supporting them.
They see it as Yet again this person is laying the blame and having family bail them out.
Sorry if that was not what you wanted to hear it is fact though
Now in regards to what you can say when you go in to speak and what he can say and what he can expect.

You first off allow him to hand in all paperwork and prepare his own statement explaining the situations that revolve around the so called "violations" Let him tell them that the PO said the Job was to call them and that is how he got misguided because in all honesty as I said that is on him not his Job. No one wants to hire a ex con as it is If you go adding more work on the employer they really are not going to want to employee them. I do not know why the did that but it is not how things are usually done in any jurisdiction I have been in. When you are on house arrest parole or work release You must Call the monitoring party before you even agree to do the overtime or work on a day that is not your normal day. Some jurisdictions tell you from the jump it is NOT allowed. So he needs to be humble (sadly yes one must eat a lot of humble pie in hearings and while on parole and probation)
A job may be required to provide a letter along with pay stub but again it is your man's responsibility to get said letter and turn it all in to whomever is the monitoring party. This all should be done in a timely manner.
Make the call before doing the work and get the letter into the monitoring party ASAP along with a copy of pay stub.
He should take the time to call them and let them know BEFORE ever working to get permission though first and foremost.

When he goes in again though that is His responsibility to take that on himself as a mistake and explain he know knows it was a mistake how he handled it and Than he can in fact ask them for the proper way to avoid any further issues.
A letter from the job stating how he is a responsible and hard working reliable and prompt employee can go even further in this hearing then a statement by you because the basis of this violation pertains to his job.

As far as you and any other family speaking at the hearing. Yes it is good to have family there showing that he has a lot of support and people who are standing by and being there for him.

The things You all should be expressing is how he has changed in regards to his taking responsibility. How his attitude has changed if any past drinking or addictions were a issue bring up how different he is and how he no longer is that person.
If he is in therapy bring up how much that has helped him etc
Speak on how he is now a strong provider for the family. Speak to the respect he now gives etc
I can not tell you what to say as I do not know the charges or the differences But those are the types of things you need to speak abut Not go in and make excuses be they real or not for his violation.
The only thing you speak on is that he is a new person he is doing great and that he does nothing but works and stays home with family (and does any therapy or meetings or required things he may have to do)

As far as what his chance of not going back is that will depend in Him, The officer who monitors him (some are strict some work with you) The one he has actually seems to have worked with him MANY times if he has 7 violations and is only Just now going in for a hearing.

They look at how many if any times he has violated parole or probation in the past and how as well so if this is a habit he has well than all the letters and payroll stubs I the world may not help him. If it is the first ever well they may in fact give him another chance.

It also sometimes has to do with what area it is and how crowded the jails are as well as past prison records etc None of us can really tell you that.
Does he have a long record? Has he been violated on past paroles or probation? Does he have a habit of doing this and than coming up with excuses?
Or is this a first time and he has some credibility and they see him as trying.
Those are the deciding factors which is Why I replied the way I did above.

He needs to go in there and show himself as a brand new person a law abiding citizen living life on lifes terms and someone who is taking responsibility for any mistakes that happen.
Sorry if you did not take it that way. In all honesty if you go in to the hearing defensive like that you would be better off staying home that day because it will NOT be helpful. If and they will start questioning and doubting him and trying to make him blow his cool (as they do) and you are sitting there putting out the body language and the attitude you gave here like he has changed you all don't know him you all do not live with him
Well in all honesty that will mess him up so whatever you do please do not take any attitude or show any impatience etc when in there.

Good Luck

[JudyKayTee]

Stepped behind a garage to pee? Doesn't he know how to use the men's room?

Also, was this "step behind the garage" for 4 hours? How does he explain that?

Good - I thought I was the only one who read the "behind the garage to pee" statement. If it takes 4 hours, apparently he has a medical condition.

I suspect THIS excuse will be on the "10 all time favorites of Probation Officers."

[JudyKayTee]

I plan to give it to him to present but i feel that i need to fight for him because i know how much he has changed and grown and the p.o is the one that told him it was works responsiblity u can;t say that he is supposed to listen to his p.o on one thing and not the other he is planning on manning up about it but they are going to see him as just another number they don;t know him from adam i know and the people around him known how hard he has tried to do what he is supposed to that is y i thought letters from the people around him may help and his p.o. told him to call in and leave a message that he is working over which he did he also said it is works responsiblity to call in and confirm it it is not his fault they did not do this it is also impossible to get ahold of the p.o fast enough and get a call back to work over he has a family he is supporting and needed the over time and understood it the way i jus told it and it was all fine and dandy till now y was it never a problem before and it is just popping up now y wasn;t he arrested the first time y did his p.o not say anything the first time it doesn't make any sense

You have no say or legal standing in any of this. HE does. He needs to man up and take responsibility for his own actions. Apparently you are his wife and not his mother but even she would have no standing.

And the PO pretty much owns him right now. If the probation isn't working, then he should surrender himself, "do" the prison time, end the probation and he will have fewer rules to follow when he eventually gets out.

[JudyKayTee]

i also had very specific question that have not been answered the only thing that has happened is u telling me how wrong he was u do not know the situation and i am trying to find someone who knows about the process and that may be able to help me

Everyone who has answered knows the process and has answered you. You may not like the answers but they are the legal truth.

[Shorte1813]

Thank you lilbay that was what I was looking for and everyone's letters and mine are about how he has changed and that he has grown as a person I did not put anything making and excuse for him I realize it is his job to explain and for the record he was not outside the garage for 4 hours that is just the last straw I guess and I am not making excuses for him but the work thing was a miscommunication and if his po would have told him the first time to leave work if they did not call in he would have done that but the po made it clear he was allowed to stay for over time and that work would call in and always said that it was OK when it happened that is why I don't understand why he has a problem with it now my husband has always owned up for his actions my letter is just to try to explain how he has changed it's a very confusing process I have never done this before and neither has he it is a first time violation so no one has any idea what has happened and I will not go in with an attitude all I can do is cry anyway thank you again lilbay for your advice

[JudyKayTee]

Thank u lilbay that was what i was looking for and everyones letters and mine are about how he has changed and that he has grown as a person i did not put anything making and excuse for him i realize it is his job to explain and for the record he was not outside the garage for 4 hours that is just the last straw i guess and i am not making excuses for him but the work thing was a miscommunication and if his po would have jus told him the first time to leave work if they did not call in he would of done jus that but the po made it clear he was allowed to stay for over time and that work would call in and always said that it was ok when it happened that is y i don't understand y he has a problem with it now my husband has always owned up for his actions my letter is just to try to explain how he has changed its a very confusing process i have never done this before and neither has he it is a first time violation so no one has any idea what has happened and i will not go in with an attitude all i can do is cry anyway thank u again lilbay for ur advice

Once again I am surprised on 2 counts - the text speak; the fact that OP has chosen to take the advice of someone who has posted (approximately) 13 times OVER the advice of people who have posted thousands of times and are trained/educated/work in the legal system.

I guess people only want to hear what they want to hear.

[Shorte1813]

U haven't helped any all you have done is hate on me and my husband and have given me no advice I realize he needs to take responsibility for his action but I feel like I need to do something to help I can't just sit around and do nothing

[JudyKayTee]

u haven't helped any all u have done is hate on me and my husband and have given me no advice i realize he needs to take responsiblity for his action but i feel like i need to do something to help i can't just sit around and do nothing

Well, u could start by not using text speak on the legal board.

Once again, you have no legal standing here. There is nothing you can do - other than hire a good Attorney. Your husband has violated probation and there may or may not be a price to pay.

That's the legal advice. I don't know what you expect anyone to tell you because you apparently don't want to hear the truth.

I don't think anyone is "hating on you," by the way.

[Shorte1813]

I can't hire an attorney for this and who cares how I type it has nothing to do with its not what I want to hear I want to know what his chances are and if he can go back for longer if they can keep him past his maximum out date since he did not commit another crime and what the chances are since this is his first vilolation that they will let him back out on parole

[JudyKayTee]

i can't hire an attorney for this and who cares how i type it has nothin to do with its not what i want to hear i want to know what his chances are and if he can go back for longer if they can keep him past his maximum out date since he did not commit another crime and what the chances r since this is his first vilolation that they will let him back out on parole

You may want to read the board rules concerning text speak.

Yes, they can keep him beyond his maximum out date because he violated the terms of his probation.

Was he out on parole or probation?

Failing to comply with probation may very well be considered another crime.

I say, yes, he's going back to jail.