Arrested while on parole…….what happens next?

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Arrested while on parole…….what happens next?

My brother recently got out of jail after serving a 6 year sentence involving a gang shooting when he was a young teen. This past weekend he was arrested for a DUI. Will this affect his parole? Will he have to go back to jail to serve out the rest of his original 12 year sentence???

Asked on June 28, 2009 under Criminal Law, Colorado

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  This new arrest will most likely constitute a violation of his probation/parole.  He will however, be entitled to a hearing on whether he violated probation.  If he loses, he will have the opportunity to argue for less time in jail.  I suggest hiring a lawyer to help negotiate a deal here.  Otherwise the state is going to press for the maximum sentence.


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