Can the parole board send you back to prison if your parole officer thinks you are not staying at your residence?

My boyfriend is on parole and was at my house doing laundry so he had his backpack with his clothes. The parole officer went to his apartment and he wasn’t there so he checked here and my boyfriend was at my apartment down the street around 7 pm about to do laundry. The parole officer took him into custody and he is now on a parole hold. His name is on the lease at his apartment and his belongings are in his room but his parole officer does not believe that he is staying there. When my boyfriend sees the parole board will he go back to prison. His parole ends in November of this year.

Asked on July 16, 2010 under Criminal Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The action by the parole officer sounds a little severe for what your boyfriend did.  Are you sure that there isn't more to the story than meets the eye?  Your boyfriend needs to get an attorney as soon as he can.  He needs to produce evidence that he is residing in his apartment - the lease that you spoke of, utility bills, proof of payment, etc. I fail to see how even the presumption that he was staying at your house would result in such a severe retaliation by the officer. Does being at your house by any chance, constitute a violation of probation?  Could that have been the problem?  An attorney will help to set things straight.  And if it is possible maybe he should request a change in his parole officer.  Good luck.


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