QUESTION
What can we do if our parole officer told us that my boyfriend would not have to go to jail?
Asked on Mar 08th, 2012 on Criminal Law - Massachusetts
More details to this question:
I am driving without a license and he took the wheel for me because I was sick and throwing up in the middle of the highway. It just so happened we go to pull into the nearest gas station until I felt better and right before we could get the chance a cop pulls us over to ask why my windows cracked. My friend said look officer I don't have my license, I just got behind the wheel like 10 minutes ago because my girlfriend is sick and 5 months pregnant. We were in the middle of traffic. The officer said okay well I got to give you this fine for driving without a license, but his license was DUI suspended from 4 years ago. So it would have been automatic jail time 30 to 90 days. The officer told us because he has seen the DUI was from 4 years ago, he had no other priors and for the past 2 years it looked like to him that my boyfriend was trying to change and had a job and has a baby on the way the officer said he didn't want to see him do jail time for something so small/ so he didn't call the prole office and told us to plead not guilty to take it to court that he will show up at the court hearing and help explain the situation so that my boyfriend just gets the 500 fine and no jail time. Well later on in the day I went to the hospital and was off of work for 4 days. Well we went into the parole office Tuesday just so happens he gets a new parole officer and he doesn't even let us explain and violates him because he got a new charge. We try to explain they told me to bring back proof so I did I brought my hospital note so they knew I was really sick and also signed paper from my manager saying I was off work because of being sick. They told me if I brought that back by 100 that the parole officer and was not in that day that she would be back look over the papers and call the officer. Then they might be able to release him. I call to find out if they looked into it yet and the parole officer who was not his parole officer but the one who locked him up told me and I quote "I'm his new parole officer now I have the paper work I don't care" I want him to go to jail.
13 ANSWERS
Bruce Arthur Plesser
Deal with the judge with your story if he is violated.
Answered on Jul 02nd, 2013 at 1:54 AM
Jacob P. Sartz
He has a right to counsel and should exercise that right. The parole officer's statements are not a promise or a guarantee and are not legally binding; however, they may be potentially used for some other purpose as the matter proceeds.
Answered on Apr 17th, 2012 at 2:04 PM
Michael J. Breczinski
Get an attorney, one of the few excuses for driving without a license is medical nescessity. He needs an attorney. If he wins the DWLS then there is nothing to violate him on.
Answered on Mar 09th, 2012 at 2:49 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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There is absolutely nothing you can do. He needs to retain counsel.
Answered on Mar 09th, 2012 at 12:30 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Get the ticket the nice officer had to give your boyfriend. Get everything in order. You and the boyfriend need to write up the story in detail and present it to the Agent's Supervisor. The boyfriend needs to see all the evidence the parole officer has.
Answered on Mar 09th, 2012 at 6:40 AM
Douglas J. Lindsay
Your boyfriend must request a hearing before the the Court and call witnesses who can help him, through testimony. It is the Court (Judge) which has the final determination for any alleged parole or probation violation. The positive (or negative) words of a police officer or parole/probation officer will be taken into consideration by the Court but it is the Judge who makes the final decision.
Answered on Mar 09th, 2012 at 6:33 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Your boyfriend needs to hire an attorney to help him through this. If he can't afford one, he can get a public defender, but he really needs to have representation.
Answered on Mar 09th, 2012 at 5:28 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Parole officers have essentially absolute authority over the parolee. They can impose any conditions they want. You have stated nothing that would be outside his authority to do. The defendant is entitled to a parole violation hearing on this,
Answered on Mar 09th, 2012 at 5:25 AM
3 Awards
You need to hire a parole criminal defense specialist. This is very tricky and you absolutely need to call a specialist.
Answered on Mar 09th, 2012 at 5:11 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It sounds to me like the stop was illegal and the whole thing ought to be thrown out.
Answered on Mar 09th, 2012 at 5:03 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Parole agents are SWINE. Maybe you can get that decent cop to talk to the Agent. They might, just might listen to a cop.
Answered on Mar 09th, 2012 at 3:03 AM
2 Awards
That's tough. But it's not up to the parole officer. It's up to the court. The court will usually follow the P&P recommendation, but not always. Talk to your lawyer about it.
Answered on Mar 08th, 2012 at 11:27 PM
You should immediately consult with a criminal defense attorney. Parole officers have far more power than they are often capable of wielding competently. You have a very sympathetic case. You should not rely on the police officer alone. He can only testify. With a good attorney and a reasonable judge you should be able to beat the parole officer.
Answered on Mar 08th, 2012 at 11:19 PM