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    Joshsgal's Avatar
    Joshsgal Posts: 5, Reputation: 1
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    #1

    Nov 26, 2010, 05:55 PM
    Parole violation 2 months before end date?
    My boyfriend has been on parole for 13 months. He has not had any problems/violations, he has maintained a job, finished schooling to be a fitness trainer, reported every month, and paid all of his monthly restitution fees. He was accused of battery. He went to court Nov. 18 where he pled not guilty because he never touched the security guard who is trying to say that he did this. They both yelled at each other and then we left but apparently the guy called the cops and is accusing him of battery. When he went to court they took him through the walk through and put a parole hold on him. His pre trial for this charge is scheduled Dec 17. He is in Nevada on interstate compact but his parole is in Arizona. His parole ends Feb 7 and his max end date is Feb 20. Right now he is in Clark County Detention Center waiting to hear from Arizona. The detention center said that Arizona has 30 days to say whether they are going to pick him up and if they decide they are going to, they have 30 days to come get him. My question is, will Arizona extradite him? If they extradite him and he has a parole revocation hearing will they more than likely reinstate his parole or send him back to prison to finish his max end date. I also heard that it could take them 45-60 days to schedule a parole revocation hearing, is that true? I know this is all based case by case and no one can give me a for sure answer but if there is anyone who has had a similar situation or has an idea of what they think might happen, I would really appreciate it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 27, 2010, 06:24 AM

    Hello g:

    In my view, he can't be guilty of parole violation if he's NOT guilty of battery.. To be ACCUSED of a crime is NOT a violation... Therefore, I suggest you hire a GOOD criminal attorney to defend him against the battery charge...

    excon
    arteros1624's Avatar
    arteros1624 Posts: 2, Reputation: 1
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    #3

    Dec 2, 2010, 12:08 AM
    I am not sure about other state's probation rules; I am from WI and only know about how they do things here. I know that regardless of being convicted, if charged with a crime the PO will keep a hold on him until the charges are dropped or a plea deal resolves them. I am not sure if Arizona will come to pick him up, my ex was on probation in WI and was caught in IL for being out of state. They held him until the 30 days were almost up, then WI came to pick him up. The PO didn't revoke him, but gave him an ATR or alternative to revocation, and he sat 90 days in a half-way house; but that was because he was not going to see her for a month or two before he got caught in IL.

    Basically, it is always a waiting game with the PO's. I think your best bet is to try and find a good attorney, and get the charges dropped or amended to a lesser charge; like disorderly (that's if they won't drop them all-together). The PO needs to either pick him up within the time frame, or let him go. They will come take a statement from him, and just make sure he tell them the truth; that he didn't touch the guy, etc. It does take a very long time (about 60 days) to even get a revocation hearing, so if he only has 3 or so months left, they might not even bother with all the bull that comes along with it. Again, get an attorney or public defender and go from there. They can give you the best advice! Good luck, I know Probation's a hassle!

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