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Missouri Parole, Probation, Pre-Release & Release All information & questions relating to parole, probation, pre-release/treatment centers, or release in Missouri should be posted here.

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  #1  
Old 12-01-2007, 11:20 AM
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Default He was held two weeks past his parole date!!

My boyfriend went to court about two weeks ago or so. He had been at OCC for 1 year and completed the program so at court they gave him parole and said he would be released as soon as the paperwork went through. He then sat in county jail for awhile, was transferred to Bonne Terre over the Thanksgiving holiday and finally made it back to OCC tuesday afternoon. He went directly to his caseworker and she knew nothing about it. The next day he went to probation and parole and they said county jail should have brought him immediately back to OCC to be released. A number of people have told him he could get at least $1000 a day for keeping him past his parole date. Does anybody know anything about this or where he could go to get something started?

thanks!
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Old 12-01-2007, 12:22 PM
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He would have to sue the state to get money. This will cost money and take a long time. I don't know about $1000 a day. Sounds fishy to me. Mistakes do happen all the time and people are held when they should not be. He can file a lawsuit, but for two weeks, I don't know that it's worth the time and money you would have to invest in it. If it was years, then I would say go for it and help find a lawyer, but not for two weeks.

I caution you to not believe what "a number of people" have said. People in prison don't always have the best idea of things because stories get screwed up over time because they are passed down. It's like playing a game of telephone...by the end the original statement is totally different than it started.
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Old 12-01-2007, 01:09 PM
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I would be skeptical about whether or not it's true except the people he heard it from are state employees. I know one was a captain and other people he talked to as he was going through the release process.

Thanks for your help. I didn't know if you have to actually sue or if there's some sort of paperwork you fill out.
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Old 12-01-2007, 01:19 PM
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Quote:
Originally Posted by willing2wait
I would be skeptical about whether or not it's true except the people he heard it from are state employees. I know one was a captain and other people he talked to as he was going through the release process.

Thanks for your help. I didn't know if you have to actually sue or if there's some sort of paperwork you fill out.

I would still be leery. Staff are just as likely to mess with an offender's head as another prisoner is. And like I said, if you start a lawsuit then maybe you could win, but you'd pay the attorney more than the $1000 a day.

And if these "well meaning staff" said this as he was leaving, then I would for sure not be believing it. Probably some kind of joke.
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Old 12-02-2007, 11:46 PM
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I cant honestly tell you that that may be the case though i have heard the same thing.
What I believe you are talking about would be a habeus claim. Not a lawyer at all, just good at reading things with alot of legal language training....i dont think a habeus claim would be viable as he was released on Parole technically still under the control of the DOC....a habeus case would really only apply if he was imprisoned illegally after the termination of his sentence. There really isnt anything illegal about human error or faulty paperwork, even if you could prove it was intentional you would have to prove injury. AND in some states people can be detained after termination of their sentence for failure to comply with providing blood samples or if they are determined to be an "intense and severe threat".

I know that doesnt really applpy to your case i just thought i would throw that extra info in there.

I'm sorry things didnt go as they should have but IMO its better to just put a period and move on.
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