Legal Question in Criminal Law in Nebraska
Violation of Parole
My brother was recently arrested for serving liqour to minors at a college party. The charges are being droped by the state of Minnesota. My main question is that he violated parole in Nebraska and Minnesota is holding him for 10 days to see if Nebraska wants to expedite him back. He was charged with 2 felony's (Forgery 2nd degree and Theft by receiving stolen property; in Nebraska)and he did 2 years in prison and then started parole for 4 months. After 4 months he absconder parole. Will Nebraska let him do Parole here in MN? Because his charges are not a threat to society will he be able to do parole? Could Nebraska choose to drop the charges, or since Nebraska is so far away let him do his time in MN? His records indicate that his total sentence is 3yrs 4months TO 8 years. Because he broke parole will he be given additional time? Basically I'm just wondering what will happen as a result of breaking his parole and if prison time/parole can be continued in Minnesota.
1 Answer from Attorneys
Re: Violation of Parole
This is not really a Minnesota law question, but rather a Nebraska law question.
If Nebraska works like Minnesota and many other states, it will be up to the Nebraska authorities whether they wish to pay for his extradition transport, and whether they will return him to prison, or continue his parole with further restrictions. He would be well advised to consult and retain criminal defense counsel (private or public defender) where the case is venued in Nebraska.