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Louisiana Parole, Probation, Work Release & Community Service All information relating to parole, probation, work release and community service in Louisiana should be posted here.

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  #1  
Old 10-16-2016, 07:56 PM
sisoffelon sisoffelon is offline
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Default Should my brother waive his revocation hearing?

My brother is in jail 1 week now waiting to be "violated on technicality" not going to sex offender classes ( he has completed them a few years back but not on this parole time) so he's asking me to find out if it would be better to violate himself he only has 1yr 4months left of his parole time hes up to date on fees etc? he's still in city jail and not DOC it looks like he needs to "violate himself" but we are not sure? please advise what will make this all go faster? thanks .. morehouse parish LA
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Old 10-16-2016, 08:12 PM
sashaandjerry2014 sashaandjerry2014 is offline
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My man sat it jail waiting 2 months to be violated for probation . I am now seeing the law sees people on probation guilty first.
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Old 10-16-2016, 08:29 PM
sisoffelon sisoffelon is offline
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Default yes

thanks I am under the impression he knows he's guilty someway in some form, but he just wants to know if its best to violate himself and start serving his time or what for them to violate him and deal with it on their time?
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Old 10-16-2016, 08:57 PM
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patchouli patchouli is online now
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Its too late to "violate himself" if he's already being violated on a technicality. I believe what you mean is "Waive Revocation Hearing."

My Mr has waived his revocation hearing, and here is why:

Its dead time to sit in jail and wait for a revocation hearing. That time will not count towards his sentence.

If your brother waives his hearing, his clock will start ticking sooner. Its his call to make.

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Old 10-22-2016, 11:25 AM
CenTexLyn CenTexLyn is offline
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While not familiar with the process in Louisiana, one is rarely well-served to waive the only opportunity to be heard and present mitigating evidence on their behalf. That is the only opportunity for the agency to hear evidence that might allow for a return to supervision...why give it up?

Time calculations vary by State...for example, in Texas, one is credited with ALL time spent in custody on the parole warrant, even the time prior to the hearing and awaiting a Board decision.
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Old 10-22-2016, 07:05 PM
carolmach carolmach is offline
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Right; in NYS, time spent in county waiting for the hearings is time served, even on a revocation hearing. The process is painstaking. I don't have any real advice for you, because either way, it's a rough go. Just prayers. Hang in there.
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Old 10-23-2016, 04:07 PM
GaReform GaReform is offline
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My son had his probation revoked on a technical revocation in GA. The judge said his time spent in county jail waiting for the hearing & then transport to prison was to be credited. We had a hassle with GA DOC because they insist it has to be written in the judge's order, not just included in the sentencing sheet that goes to DOC. We had to file a motion to amend the sentence so credit would be given but he did get the 42 days.

I would suggest he not waive the hearing & try to prepare any evidence that might give the judge a reason to give him another chance. Was it because he couldn't afford his sessions? Was there a reason or did he just not feel like it? Letters of character reference might help & if he can show he's done everything else right & has employment, family, etc, that might help. I would also have him tell his lawyer to ask the judge to state in his sentencing order that he get credit for time served already in city jail.

Good luck.
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Old 10-23-2016, 04:25 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by GaReform View Post
My son had his probation revoked on a technical revocation in GA. The judge said his time spent in county jail waiting for the hearing & then transport to prison was to be credited. We had a hassle with GA DOC because they insist it has to be written in the judge's order, not just included in the sentencing sheet that goes to DOC. We had to file a motion to amend the sentence so credit would be given but he did get the 42 days.

I would suggest he not waive the hearing & try to prepare any evidence that might give the judge a reason to give him another chance. Was it because he couldn't afford his sessions? Was there a reason or did he just not feel like it? Letters of character reference might help & if he can show he's done everything else right & has employment, family, etc, that might help. I would also have him tell his lawyer to ask the judge to state in his sentencing order that he get credit for time served already in city jail.

Good luck.
Parole revocation hearings rarely are heard by a judge. They share some similarities with probation revocations, but it is a different process. There is generally no 'sentencing order' on a parole revocation precisely because there is no new criminal conviction that is being sent to the prison administrative offices.
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Old 10-23-2016, 08:56 PM
GaReform GaReform is offline
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Originally Posted by CenTexLyn View Post
Parole revocation hearings rarely are heard by a judge. They share some similarities with probation revocations, but it is a different process. There is generally no 'sentencing order' on a parole revocation precisely because there is no new criminal conviction that is being sent to the prison administrative offices.
Thanks for clearing that up. There was no new criminal conviction on my son's revocation either but they used the sentencing order wording to describe the revocation time to serve. I wonder if the parole board would use some of the same considerations & possibly dismiss the revocation if enough evidence could be presented. Keeping my fingers crossed that a compromise can be reached.
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Old 10-23-2016, 10:03 PM
CenTexLyn CenTexLyn is offline
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Thanks for clearing that up. There was no new criminal conviction on my son's revocation either but they used the sentencing order wording to describe the revocation time to serve. I wonder if the parole board would use some of the same considerations & possibly dismiss the revocation if enough evidence could be presented. Keeping my fingers crossed that a compromise can be reached.
A probation that is revoked is a new conviction in that there is a sentence to prison. This is precisely the reason that a greater array of due process exists in a motion to revoke probation than in a revocation of parole (an administrative proceeding as opposed to a judicial proceeding).

Allegations in a revocation hearing for someone on parole still have due process protections and still have to be proven up. People are returned to supervision following a revocation hearing on a regular basis, sometimes even in instances where evidence of the allegation is offered and accepted.
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