Legal Question in Criminal Law in Indiana
My brother committed a crime and was put on parole for 500 days. He violated his parole and served 2 years in prison for it. After being released from prison he was on parole again. He was released in July of this year and they put a warrant out for his arrest in October of this year saying they were revoking his parole. He never got into trouble and his parole officer released him. They said that he never followed through with the first parole. If you are on parole and violate it doesn't it revoke your parole? How can they arrest him for that when he served time?
1 Answer from Attorneys
Your brother's first 500 day term was probably a suspended sentence/probation term and 545 days would be the more typical number in that range, not a straight 500, but it could be 500 depending on other things in the case. The term of his first plea agreement or sentence if he was found guilty at trial would need to be reviewed to see exactly what he was ordered by the court to do and what portions of his sentence were to be executed (actual time served in custody) and suspended or on probation (supervised release in the community). After his first violation he was sentenced to what appears in your question to be 4 years and was released after 2 actual years with his good time credit. Then you indicate he was on parole which could be correct following a release from prison and he was violated but you say for things based on the original sentence/probation. A lawyer would need to actually look at the various allegations of violation and the original sentencing order to see if a mistake was made. Unfortunately it�s just not possible to give a complete answer with this limited information. Also see Notice under this Attorney's Profile.
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