Legal Question in Criminal Law in California

can parole agent change mind?

my son is on parole and was arrested for dui. his parole officer decided not to violate him, but he did tell him one more time and he would violate him. twenty-four hours later he arrests my son anyway. his excuse was he had went home the night before and re-thought his decision and decided my son should be violated. my son had been out for 6 months and was working, giving clean tests, obeying all conditions of his parole, so i feel the agent had no right to ''change his mind'' because he re-thought it. my sons original charges have nothing to do with alcohol. does he have the right to do that?


Asked on 8/11/06, 7:14 pm

1 Answer from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: can parole agent change mind?

In short, and lamentably, the agent has every right to change his mind. The purpose of parole is to "allow the parolee to serve his sentence outside the prison walls." You state that your son was obeying all the conditions of parole, but he failed to obey directive #1 - "obey all laws."

It sounds like he needs an experienced DUI attorney to fight the DUI, and hope that the parole revocation can either be packaged with the DUI or dismissed with it. You can call me to discuss the facts in more detail. All may not be lost. The goal now is minimizing the harm that will come to your son.

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Answered on 8/14/06, 12:13 pm


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