one who had a gun( this person ended up shooting himself) thats how cops found out he was around a gun. He was detained 3 weeks ago and DOC approved him for rehab 2 weeks ago and then tether once hes out. Hes still being detained in jail and STILL waiting to go to rehab..are they aloud to keep him detained this long? and does it usually take this long to get sent to a rehab?Also DOC said they were going to charge him with the gun violation because he had no idea there was a gun in the house until he heard it go off. I tried to talk to his Parole officer about whats going on and why its taking so long and she said shes waiting for the rehab to make arrangments? this was a week ago..then she mentioned something about if he didnt get into a rehab within 30-45 days he has to go back infront of the DOC or something like that? why would he have to go back to them if they already approved him? The doc also never stated that he had to serve jail time, but the court is still keeping him "detained" can they do that?
With parole violation, there are no set time limits or speedy trial rights in which a parolee can be detained before having a parole violation hearing or awaiting a parole violation decision. Typically, once the parole board had done their preliminary investigation, and his parole agent has made a particular recommendation as to parole, your boyfriend can be detained throughout this entire period. The parole boards decision to include your boyfriend being in a home with firearms is also within their discretion if that would indeed constitute a violation of his parole conditions. Assuming your boyfriend has not already waived his right to a parole hearing, he has a right to have an attorney represent him in a violation hearing, and I suggest he do just that. However, if the MDOC has already made plans to place him in re-hab, then I believe a decision has already been made and that a violation hearing has already been waived and concluded.
I agree with Attorney Bessant. Keep in mind that your boyfriend is a prisoner. He is not a free man and he can be held inside the prison until the end of his sentence. When he is out on parole, he is still a prisoner of the state of Michigan and is only allowed to be outside the prison walls under strict conditions and any violation can result in him being returned to complete his sentence. The DOC does not have to rush anything for him. I just want you to keep these things in mind to help you understand that he still does not have all of the rights as you and I. I wish him luck!
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.
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