Expert: Robin Sexton - 4/26/2008

Question
    My husband was arrested for defending himself . The officer was not going to arrest him but his parole put a hold

on him.  The person was a minor, but due to lack of evidence and the minor record the D.A. dint file charges.It's

already been a week since the parole hold, Now theres no reason for him to be in county ,so the parole hold is gonna

send him back to prison.Hes been doing so good for the last 7 months finished his programs,discharged his C.Y.A

parole,going to school.His parole officer even had him on mail-in"s .I'm 3 weeks until my due date with our first

child ,this is the last thing he should miss.

His parole officer says its a assult on a minor is this true if the D.A. never filrd the charges? is there enough to

violate him with no case?
Legally he dint do nothing wrong if no charges were filed?wright or wrong?


His family and I have been constantly calling his parole officer,all he keeps saying is that he has to go in front
of the parole board.

      Thanks for taking the time to review my Question
                   respectfully Crystal Bingham

Answer
Crystal,

You are dealing with two separate aspects.  The first was the police and the prosecutor.  If they had arrested / charged that would be a definite parole violation especially if convicted.  He is not being charged criminally so that is one issue you don't have to deal with.  The parole violation is a separate issue and requires a lower standard for being held responsible.  Your husbands parole officer is leaving the decision to violate up to the parole board which may be customary in your area.  The fact that your husband has preformed so well out of prison, accomplished all the steps required to date by his parole release should work in his favor.  From what you wrote contacting the parole officer is ineffective.  You should spend your efforts preparing for the parole board.  A large support group, letters of recommendation, proofs of his accomplishments to date, all the details of the assault and the decision on that.  It may be prudent to enlist the aid of a attorney or advocate to represent your husband at the hearing.

Good luck to you and your husband and congratulations on your child.  Especially hope that works out well.


Robin