can probation and parole cancel a court hearing if they are not involved in the case?

My boyfriend is in jail, (inmate of the state of Wis.) He filed a sentence modification with the judge that sentenced him. He had a court date set with the judge. Probation and parole cancelled the hearing. How can they do that if they are not involved in the court hearing? What can we do to get a hearing again?

Asked on May 29, 2009 under Criminal Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For a sentence modification to be granted the prisoner needs to prove "new factors" are present such that their sentence should be modified.  The investigation of those factors is more than likely up to the parole board.  If that's the case, and the factors your boyfriend is using are absolutely not the kind that will get the sentence reduced, then based on the recommendation of the parole board the court could cancel a sentence modification hearing.

So in essence, parole may be involved here.  While I could find no specific provision on this I did find a link to a state manual that explains sentence modifications in general.  I think that it may be helpful for you to review: http://www.wisspd.org/html/forprac/SM.pdf.  It lists what "new factors" are considered in a hearing for a sentence modification.

Since I'm not licensed in Wisconsin, you may want to speak to a criminal attorney who is, they will be more knowledgeable on the subject.


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