Legal Question in Criminal Law in Minnesota
Parole Revication
Person is a level 3 sex offender on ISR.on July 6th 2008 a warrant was put out for his arrest he was at home.on GPS he was told that watch dog lost signal.No one called him to verify he was home.WE had a witness willing to testify in his defense and was told no that her statement had nothing to do with the matter.This GPS system has been malfunctioning on several occasion and everyone was made aware of this .The parole officer the supervisor and the company.They told him he was havening a difficult time ajusting to the rules and it was his fault he was being violated .They revoked his parole for 365 days. What can I do about this? Are there procedures that I can go through to have it looked at again?Also this is a minor offence that has transferred to adult.i need help badly if someone has a heart please lend me some aid.
1 Answer from Attorneys
Re: Parole Revication
Certainly, whether or not he actually violated the rules of supervised release is important and something that can be contested. Based on your post, it would appear that there were more problems than simply a malfunctioning GPS.
Under Minnesota Statutes Sec. 244.05, if an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:
(1) continue the inmate's supervised release term, with or without modifying or enlarging the
conditions imposed on the inmate; or
(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period of time.
The supervising agent would report any violations of supervised release, parole and conditional release to Hearings and Release Unit (HRU). The violation report should include all facts related to the violation(s) and summarizes the offender�s adjustment up to the time of the violation.
A person whose supervised release has been revoked may seek review of the revocation by petitioning the district court for a writ of habeas corpus. A writ of habeas corpus is a statutory remedy available to obtain relief from unlawful imprisonment or restraint. It is not a simple matter and would require an attorney.
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