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Is it possible to get a parole hold lifted?

Denver, CO |

I've been incarcerated for three months on a parole hold. My initial charge of burglary and theft has been reduced to a misdemeanor. I've been given information that after a period of three months a parole hold can be lifted. Is this true?

Attorney Answers 2

  1. That in not necessarily true. Lifting the parole hold is entirely in the discretion of your Parole Officer and / or his supervisor.

    As a condition of parole you were required to maintain a law abiding lifestyle at the very minimum. If you plead to any criminal offense that would constitute more than sufficient evidence to revoke your parole and send you back to prison or place you in a half way residential house. this decision is again upto to your Parole Officer. You will be entitled to a parole Hearing but with a guilty plea and sentence you are done as regards violation the terms of parole.

    Best of Luck

  2. There are two possibilities while the new case is still pending, neither of them are very likely to succeed. The first is for him to ask the hearing officer at his next parole revocation hearing to release him pending the disposition of the new case. The hearing officers have the authority to do this, but rarely do. The other option is to file a petition for writ of habeas corpus in the district court in the county where he is being held. The district court also has the authority to order his release, but again rarely do. I have seen a successful habeas corpus before, but it is best done by an attorney.

    Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.

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