He had 10 months left on parole and picked up dwi misdeameanor and got time served on that already. Currently waiting for revocation hearing . What can penalties be can he be returned back to prison with only a couple months left. Does he have chances of coming out he has been sitting in county over 3 months
Yes, he could be sent back to prison, have his parole extended, additional conditions could be added to his parole, and he could be sent to an Intermediate Sanction Facility (ISF) for 90-days. Or, he could be re-instated, it is all very case specific (and also depends on who your hearing officers is).
Any other violations (fees, failed UA’s, etc), will usually also be alleged. The alleged violations will be in the documents the parole officer brought to him when he was advised of the date of his parole revocation hearing.
Any information provided by Attorney Tristan LeGrande is NOT Legal Advice and does NOT establish an attorney-client relationship. Any answer to a question or other information provided in any form is for informational purposes only. If you need legal advice, counsel, or representation, take appropriate steps to contact an attorney directly by phone or e-mail.
Worst case scenario: He is ordered to SAFEP for alcohol rehab. That would mean waiting in jail for a bed to open at the facility, 90 days at the facility, then re-committed to parole with new conditions. Or, he could be returned to prison getting no credit for his "street time", and he could be ordered to complete his sentence, a "serve all". Best case scenario: He is reinstated with new conditions and possibly 90 days in jail as a condition of being re-committed to parole. Or he could be re-committed to parole with intensive supervision parole, weekly reporting, etc. The options and combinations of options are endless. He stepped in it for sure. I would expect he goes back to prison, loses his street time, gets credit for any time spent in jail, plus good time credits on that time, and he will probably have to make his mandatory release date before he can be released by the Parole Board this time. Sorry to be the bearer of potentially bad news, but ... the Parole Board is tough on everything you just wrote: parolees drinking and driving; parolees violating their parole conditions with a new offense; etc. Good luck to the both of you. Hope everything works out, that he gets a break and all this works out. Best of luck to you both.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline