Saint Louis, MO asked in Criminal Law for Missouri

Q: Three days ago my husband was "detained" by his PO and it is claimed that he violated his Parole.

There are NO charges pending and even the automated system says he has a parking violation (he doesn't have a car). Based on his 14th amend.rights they have been violated. He has no clue what he's violated or of any new charges. There has been NO preliminary hearing yet he's still in jail. How long can they hold him before he can get a preliminary hearing and/or find out what exactly the issue/charges are???

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1 Lawyer Answer
Anthony J Muhlenkamp
Anthony J Muhlenkamp
Answered
  • Criminal Law Lawyer
  • Webster Groves, MO
  • Licensed in Missouri

A: Since he is on parole, not probation, his options are limited because there is not really a judge watching over his case. Instead, he is dealing with the Missouri Department of Corrections Parole Board. A person does not have nearly as many rights in front of the parole board as they do in front of a judge and often times a lawyer is limited in what he can do with the parole board. However, he should at least know what his alleged violation is. I recommend trying to play nice with his PO and see if you can get some information out of them and see what is going to happen. If that does not work, hire him an attorney to start making some calls on his behalf to try and find out what specifically is going on.

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