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Asked over 1 year ago - Jersey Shore, PA
Flagmy husband has been on parole for a little over 2 years now. His max out date was Dec. 30, 2011 but they had parole revacation hearing in Dec. and denied his parole and pulled his street time and reparoled him for another 23 months. Then on Dec. 31 he got a DUI and has been in jail since and they had revacation on Jan. 16 2012 and denied him parole for pending DUI charges but they didn't give any time frame that he would serve for the parole violation. they dont have his prelimiary hearing scheduled until Feb. 28 2012. Is that too much time for the parole violation?
It does not sound like too much time based on your description. This appears to be a second violation of his parole and it is a serious violation in that he was arrested on new charges. Following the disposition of his DUI case, his parole officer should make a recommendation as to the parole violation. He will be entitled to jail credit for any time spent in jail that is not credited toward the DUI charge, if he is convicted. If he has a bail on the DUI charge, it is generally advisable to pay that bail as soon as possible to ensure that all of his credit will go toward the violation, since he is probably facing more time on the violation than the DUI charge. This recommendation may be different if he is a repeat DUI offender. He should retain an attorney to advise him fully on these issues.
David Bradley
Bradley Law Firm, LLC
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