Q: My brother is incarcerated on a probation hold , but it's been over a month and he has not been brought to a revocation
The county he was sentenced to probation is the same county he was arrested in and is currently incarcerated. They are known for violating due process. Who do I contact to get him released back on probation
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A:
Your concern about your brother's delayed revocation hearing is valid - this could indeed be a violation of his due process rights. The typical timeframe for a probation revocation hearing is much shorter than a month, and excessive delays can be grounds for release.
Your first step should be contacting the public defender's office in your county, as they can file motions to address this delay. If your brother has a private attorney, reach out to them immediately. You can also contact the clerk of courts to verify whether any hearing dates have been set and potentially file a complaint about the delayed process.
If these initial steps don't yield results, consider reaching out to your state's ACLU chapter or legal aid organizations that focus on prisoner rights. Document everything, including dates and names of people you speak with. You might also want to write to the supervising judge of the probation department, explaining the situation and requesting their intervention to ensure your brother's right to prompt due process is protected.
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