My husband was just arrested this morning on an old charge from 2007. He was just released from prison a 1 1/2 years ago and has been doing really well. I just found out from talking to his PO that this was an old charge, but was still pending and was never taken care of due to him being incarcerated. His bond was originally set at $5000 but is now at $10,000 because so much time has elapsed. He will see a judge in the morning.Could he possibly be given time served for this? Also, what is the punishment for this crime? His PO said that he has been doing really well and that this is not a new charge so she would not provoke his parole.
The exact charge determines the potential range of punishment. Your husband has several options. He should hire a lawyer so that the lawyer can review the state's file and see what evidence they have against him. Then the lawyer can go over your husband's options.
They cannot revoke your husband's parole for something that occurred before he got on parole. As for the level of punishment - it depends on the amount of "damage" that they are claiming. Criminal mischief involves causing damage of some amount - it could be from a felony to a misdemeanor depending on the the amount.
It is possible that your husband can get time served IF the case is a misdemeanor. If it is a felony, they can reduce the charge. If they have an amount of restitution and you guys are able to pay it up front, that would help significantly.
You should consult with a local lawyer about options.
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