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tmb7414 · Sep 9, 2012, 05:37 PM

My husband is currently in prison over a parole violation. Can you be revocated and given time for a count that was already finished? When that first count was finished, do you have to sign new rules and regulations when the second count starts and the first one finishes? Also, does the revocation arrest warrant, have to be signed and sealed for it to be carried out?

Thanks

smoothy · Sep 9, 2012, 05:47 PM

What was finished... exactly... and when... and why do you think the probation period is separated by counts?

You might have probation on three counts... but that's just ONE long probation if you violate at any point... ANY violation even 2 days before it expires can result in having to serve the ENTIRE period behind bars if the judge so determines.

Fr_Chuck · Sep 9, 2012, 08:59 PM

Your question makes no sense what so ever.

Try slowing down and telling us what you mean.

As long as he is on parole or probation ( he would not be on both for same sentence) the case is not over and he can be taken back to court for it.

tmb7414 · Sep 9, 2012, 10:40 PM

Back in 1992 my husband had 2 consecutive sentences on 2 different counts. He got 18 years. He served 10 years which 6 years on the first count and 4 years on the second count. He got paroled in 2005, and moved to Wyoming from Wisconsin on an interstate compact. He did 5 years on the streets with no violations or anything. In 2010 He got arrested again over some alligations that ended up being settled out of court and Wisconsin P&P still revokated him and came and got him from Wyoming to Wisconsin. His arrest warrant wasn't signed? Should it have been? They revoked his parole and gave him 60% of his time back. But they shouldn't of gave him time for what was already completed?

excon · Sep 10, 2012, 01:43 AM

Hello L:

If the first sentence was completed, they can't violate him on it.. If they did, he needs a lawyer to fix it.

excon

Fr_Chuck · Sep 10, 2012, 01:51 AM

If he is on parole, he does not need to have an arrest warrant to pick him up, his PO can order him picked up without it.

If the warrant for the new crime was not signed, it may be used for procedue in tihat crime, but you say it was already settled.

Parole can revoke him even if he was not found guilty.

He could not have been revoked if he was not still on active parole.

tmb7414 · Sep 10, 2012, 07:25 AM

Ok what about the rules and regulations, do you have to re-sign the rules and regulations once he has been dicharged from count 1?

excon · Sep 10, 2012, 07:29 AM

Originally Posted by tmb7414

Ok what about the rules and regulations, do you have to re-sign the rules and regulations once he has been dicharged from count 1?

Hello again, t:

You appear to be trying to CATCH them in a little mistake that WON'T get your guy released... Teeny, tiny errors MIGHT work in court... But, they DON'T work for the parole and probation people..

So, you're NOT going to get him out on THIS kind of technicality... You CAN get him out, if they're making him DO time that he already DID. That isn't a teeny tiny error.. That's a BIG error, and THAT'LL get him out.

excon

tmb7414 · Sep 10, 2012, 07:45 AM

Originally Posted by excon

Hello again, t:

You appear to be trying to CATCH them in a little mistake that WON'T get your guy released... Teeny, tiny errors MIGHT work in court... But, they DON'T work for the parole and probation people..

So, you're NOT going to get him out on THIS kind of technicality... You CAN get him out, if they're making him DO time that he already DID. That isn't a teeny tiny error.. That's a BIG error, and THAT'LL get him out.

excon

Ok perfect, I will let my husband know and be back with you if he has any more questions? Thanks for your help!