Port Huron, MI asked in Criminal Law for Michigan

Q: Can I retract statements as false allegations to my boyfriends parole officer? the statements i made led to a violation.

My boyfriend was taken into custody on a violation. He chose to waive his hearing with the parole specialist. I had no evidence or reports to back up my statements of domestic violence- I verbally reported to the parole officer, and i would have chosen not to testify if there had been a hearing. I was told that if I chose not to testify, it would automatically result in the violation being withdrawn and he would have been released from custody. Since he waived the hearing, the parole specialist reviewed the violation and sent my boyfriend to jail for 45 days. They also added new conditions to his parole; issuing a no contact order between us and gps tethering upon his release. i want to revoke his violation by telling his P.O i gave him false information. what will happen to me?

Also, i believe it noteworthy that his original charges for which he is on parole, (home invasion 3rd degree and domestic violence), i was not the victim in the original crime.

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: No. Parole violations work differently than criminal matters. The burden of proof is not the same, and a person doesn't have the same constitutional protections against allegations while on parole. He chose to waive the contested hearing knowing what the result would be. You do not hold the keys to his cell door.

Your boyfriend is going to do those 45 days, unfortunately.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.