Q: If someone was convicted for AGG BATTERY/W/DEADLY WEAPON and sentenced to 12 years but got out after 7 1/2 years and
While on probation and after 3 months of being released gets arrested for fighting and out back in jail, goes to trial is not found guilty but has to go back to prison for remainder of sentence for violating parole. This person said something about about the case law 784.021.1A and wanting to know when it came into affect bc he thinks he is in prison on a technicality and feels it's unjust and is demanding release. I don't know enough about it to see if he's right or wrong.
A: Short answer: if you’re on probation and get arrested, his PO has a right to file a violation.
The violation “should” be worked out with the underlying case.
Questions remain outstanding; was there PC for a new arrest ( fighting), please tell me he didn’t plea to go home, priors. Is this a first violation.
No lawyer can answer these questions on line. I strongly suggest you limit your set of facts lest you be called as a witness.
You’re best play is to call a few lawyers in your jurisdiction and go with someone y’all ( including most importantly the defendant) feel comfortable with.
Free advice: we as lawyers love to answer questions but remember big brother monitors this site so DONT say anything to incriminate your friend.
Call a local lawyer tonight!
Henry George Ferro agrees with this answer
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