My husband is in jail right now he already did 23 years on a 40 year sentence. He is in jail for parole violation and is being accused of a assult bodily injury on ex girlfriend which he did not commit what are his chanches?
Well, unfortunately it is impossible to know what his chances are based on your question. The evidence, facts and circumstances of the allegation will determine what his chances are, as will his decision on what to do about his new case and his parole.
For parole violations where people have new criminal charges, they have two situations to deal with: 1) the new case, and 2) the parole revocation. When you are on parole and pick up a new case, parole files a motion to revoke parole (MTR), and a warrant is issued. Once the person is in custody, they will not be getting a bond on the parole violation, and will remain in custody until the parole revocation process is complete.
Parole will wait until the new assault case is resolved to proceed with resolving Motion to revoke parole. How the new assault case works out is VERY important in determining what happens with parole after the new case is over. Even if he is not convicted of the new offense, his parole could still be revoked in some circumstances.
For example, I represented a gentleman on a parole violation for an assault family violence charge, but this client had a different attorney for the criminal case. His attorney on the criminal case convinced him to plead guilty to the assault family violence, as part of a plea bargain for deferred adjudication. The problem was that this client was in prison, and on parole for, an assault family violence (choking) case. Even though he was not convicted of the new case, he just plead guilty, his parole was revoked and he was sent back to prison. Other clients that I have represented (both for the parole violation and a new assault charge) we have been successul on multiple ocassions getting parole reinstated - where the new criminal charges ended up being dismissed, or the client was found not guilty at trial.
If you want to put your husband in the best position to get his parole reinstated, I suggest hiring an attorney that is very familiar with both the criminal court system, and the parole revocation proceedings and process. Good luck.
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