Can you be held for violation of parole if you have not been found guilty of the charge they are violating you for?

My boyfriend was arrested for DUI of his own medication. He has not yet been to court on this matter. He was on parole at the time and they violated him. He is now in jail for the parole violation.

Asked on November 4, 2011 under Criminal Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

One can be charged for violating one's parole and the finding if there has been a violation or not is not determined until there is a guilty plea or a conviction after a trial. What happened is that your boyfriend was on parole for an unrelated charge where as the terms of his probation he was to obey all laws of your state.

His arrest for driving under the influence of alcohol or a controlled substance would be a violation of his parole agreement and this is why he is being charged for the parole violation as well.

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