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Patricks_Wifey · #1 09-26-2011, 09:05 PM

Does any one have any idea how long any parole violation in montana for abscounding typically carries? Any ones help or prior experience with it is greatly apprecaited

montanablonde · #2 09-28-2011, 09:36 PM

It's all going to depend on what the original sentence/charge was.

26thncaliswag · #3 09-30-2011, 12:04 PM

Absconding basically means that he ren from his responsibility on parole. Therefore, the parole board has no reason to allow him back on. My state, once you violate parole for absconding, you are doing the whole bid.

Patricks_Wifey · #4 09-30-2011, 04:45 PM

thanks for your response i know for fact not all states are the same so im just curious as to MONTANA specifically..Cali specifically would only remand a person back to custody for 12 months maximum at a time and parole is typically 3-4 years...
in my case the original charge was for residential burglary and the original sentence was for 10 years and 5 years of that have been served already.. so if someone in montana or familar with montana law could answer me it'd be appreciated no offense....just because since cali and montana alone obviously differ so drastically alone that mean is stands to reason the so would your territory but i do really appreciate you effort

Patricks_Wifey · #5 09-30-2011, 04:56 PM

and also i want to add it can be confirmed he never abscounded, they are trying to issue an abscound warrant from 12-2010 but caught a new term 3-2011 and they never issued a ascound warrant until 9-2011 there was no PAL warrant at the time of new arrest, our state is undergoing alot scrutiny they actually attempted a prior ascound warrant previous but it was able to be dismissed because they were able to prove that Montana's liason here in Cali was not checking on him as they were required so that abscound was thrown out.

montanablonde · #6 10-02-2011, 07:33 AM

It's hard to say what they will do, but if he's on parole, it's entirely up to the Dept of Corrections. I had a relative that went through something fairly similar (but didn't have as much time left) and he was put back out on parole after serving another 1 1/2 years and had 9 months left and did house arrest and then just had to check in with his parole officer weekly and all the other little things that go along with being out on parole. Here is Montana, it is your responsiblity to check in with your PO, I'm thinking that what you are saying that is was the liason's responsiblity to check in with him. Sorry, I wish I had better answers for you.

Patricks_Wifey · #7 10-03-2011, 08:34 PM

thank you montanablonde i appreciate your time

montanablonde · #8 10-05-2011, 06:23 AM

No problem, I hope it all goes well for you.

lil peep · #9 10-05-2011, 06:43 AM

It would probably depend on how long he was absconded for. Isn't it kind of like an escape charge? He's technically still on their time b/c he's on parole. So I think the sentence (if he's charged) would depend on how long he wasn't checking in for and possibly how cooperative he is. Parole usually does a recision hearing for violations. I don't know if they always go in front of them especially when it comes to absconding, but it's really up to them. Montana's parole board is seriously skewed so I wouldn't put too much faith in them to be honest.

Patricks_Wifey · #10 10-05-2011, 08:14 AM

Quote:

Originally Posted by lil peep

It would probably depend on how long he was absconded for. Isn't it kind of like an escape charge? He's technically still on their time b/c he's on parole. So I think the sentence (if he's charged) would depend on how long he wasn't checking in for and possibly how cooperative he is. Parole usually does a recision hearing for violations. I don't know if they always go in front of them especially when it comes to absconding, but it's really up to them. Montana's parole board is seriously skewed so I wouldn't put too much faith in them to be honest.

well they are stating he is abscounding Dec. 2010 and caught his case here in Cali March 2011 so he could only been for 3 months, but thank you so much im contact them again he requested a speedy disposition here so they have to make a decisions within 3-4 months legally and I'm in contact with them as well.

Patricks_Wifey · #11 10-05-2011, 08:24 AM

Well just got off the phone with interstate compact for like the 4th time the person who can give me a decision hasnt been in the office the whole time bcz of a major family problem and I have been really kind so I hope that I get more flies with honey then vinegar honestly, but to be frank I know Montana is odd but our home state is broke... I dont see them letting my husband go so easily for a silly abscound charge when they own him on this case until 2017 and Montana didnt really want nothing to do with him prior.. didnt even want that "Cali" boy in their state...and how would they ever really hold my husband longer on an abscound charge that they cannot prove when there is witnesses other wise to his p/o coming to his house speaking with him in the time frame (some one just didnt go back and write it on their paperwork...they did it before and he was able to prove it) he only did 5 years on the orig crime how on earth can any one justify holding him 10 for a false unverifiable abscound???

Dragon409 · #12 11-04-2011, 11:07 AM

My husband is back at MSP for a revoked sentence and absconding from MT while on Parole. The court in Flathead re sentenced him to 3 year DOC with 10 years suspended. That took 5 months to do. Then he was bounced around for about a week before he ended up at MSP. Now MSP is telling me it is up to the parole board what truly ends up being the truth of how much time he will really server. At least the 5 months he was in county jail is counted time. Msp also told me it will be another 3 months before the board has all the info to evaluate his case and make some preliminary decision. Now mind you he only had 2 weeks left on his parole time.I have come to learn MT is a world all its own and one that plays by what ever rule suits at the moment. And yes the ACLU is very unhappy with the Doc there. If you are in Cali I would call the ACLU here and try to file a complaint threw them. I hope this helps.

MTJen1130 · #13 12-05-2011, 02:59 PM

To the best of my knowledge..they can take his paper time, they can take his conditional release time, but they cannot take the time that he was actually incarcerated. That time is day for day, and once its done, its done. So, if you take his entire sentence, subtract the amount of time that he was actually incarcerated, what you have left is the most they can give him. Now, take that number, divide it by 4, and you will have an approximation of how long until he would be parole eligible. Now, that is assuming that they give it to him as a straight DOC or MSP sentence, if they suspend part of it (which I hope that they would do, considering the circumstances). It also depends on the judge..what county was he originally sentenced in?

Dragon409 · #14 12-30-2011, 12:08 PM

My husband absconded with 3 weeks left on his parole and 2 1/2 years later was picked up and brought back to MT. (HELL) Flathead county revoked a sentence he had not started yet. When I talked to Parole they told me that since it was less then 30 days till his parole release date they wont do anything about it. In a nut shell Montana does what they want and how they want when they want and to who they want. There is no point in trying to guess by using MCA laws to figure out what they can or will do. If you have any money hire a defense attorney who specializes in probation/parole violations. Other wise sit back and get ready to wait a while. If you come up with any answers please share as I would like to bring my husband home sooner then later. But I have had no luck as we have literally no money.

Quote:

Originally Posted by Patricks_Wifey

Does any one have any idea how long any parole violation in montana for abscounding typically carries? Any ones help or prior experience with it is greatly apprecaited