Replies

Thanks for the info on probation revocations. You are correct in asserting that procedure will differ from state to state.

My spouse used to be a probation and parole officer, also. That was in State A. We now live in State B.

Let's examine the similarities and differences btw State X--your brother's state, and States A and B. In all 3 states, the offender is given a written notice. In X, there is a right to counsel at the revocation hearing. In A and B, there is no right to counsel, but if there is pre-existing counsel, they are usually notified. In all 3 states, looks like, the Probation/Parole Officer investigates the violation. What do you think the odds are that Ricci's officer did not investigate to see if his parolee had really violated the terms by using drugs and possessing alcohol?

In all 3 states, once the "apprehension request" (if this is not the same as a warrant, pls advise), once executed, results in the offender being held w/o bond. In State X, there is no requirement that the offender be taken b/f a judge--your mention of a DOC magistrate is close, but is not the same as the sentencing judge, which is whom they'd go b/f in States A and B. If your magistrate were not an employee of the DOC, I'd say that the difference was minimal. In all 3 states, the defendant/offender/violator can waive these hearings. (Yes, in State A and State B, there is also preliminary and then final hearing--but I always just do the whole thing at the prelim if my client is willing. I'm in State B.)

In all 3 states, once a finding is made that he violated, it's adios, back to prison.

In all 3 states, the parole/probation officer has a chance to use their own judgment in giving the offender a chance to straighten up.

You shd have engaged your brother in this discussion sooner, since the specifics of it were so integral to what was being talked about here, especially as I recall btw Jandji and me.

Now, Neenah, you've gone to great lengths to check on this, haven't you? You came up with: I shd post a disclaimer as to the fact that I only practice in one state. I only practice in State B right now; I have experience of practicing in State A also. That's it!

I suggest you also check around and see what judges and attorneys think of polygraph tests. I'm not saying they all reject them 100% (but they do reject them as evidence.) I'm just saying, you shd check on that and get back with Bella, who is the first attorney I've ever seen who seemed to believe in them 100% completely.

One more thing, Neenah. I have a dim memory that this discussion began about a parolee in Utah. Would you please share with us the specifics of what is done in Utah regarding parole violators?

Come to think of it, Neenah, this disclaimer thing is kind of an insult to the posters' intelligence. Shouldn't it be obvious that I only practice in one state? I know there are people who go around the country, but they generally still have to associate with a person from the specific state, in order to appear/practice there. Surely free republic members know that the law differs from state to state.

If one is admitted to the bar of a state, one can then practice in all federal courts. However, each different federal district will require your "admission" to it, but it's a minor thing to be "admitted" b/f a particular federal court if you're already in a state bar.

Doesn't Bella have connections w/ SLC? Could she be a Utah attorney? Couldn't we then ask her about parole violation in UTAH? Even if she doesn't do criminal law, she's bound to have had a classmate, etc., who does.

My only point in posting what I did above, and I have had it for some time, is that I think anyone, including me, when we post, should state, especially when it pertains to a statute or law, that it pertain to this case, and the state of Utah.

I do not question your expertise at all. I do know that laymen, not aquainted with legal issues, do pay attention to what is given by a person on boards.

I initially checked for my education on it.

I don't have to examine anything, or state the odds. That would be speculation on my part. I just know that what is exercised in one state, may differ in another. That is what I wanted to say.

It makes no difference what happen's in state A or state B. It does matter what happens in Utah.Now, Neenah, you've gone to great lengths to check on this, haven't you? You came up with: I shd post a disclaimer as to the fact that I only practice in one state.

Why I bother to post, I don't know. I was trying to be helpful in posting what I did..but...First, I did not go to "great lengths" to check on this. I wanted to learn, so that if I had a reason to post, I would say it accurately. Then you say "You come up with"..devil, I didn't come up with anything, I only made a suggestion that I think is a very reasoned one to anybody, including me when posting on an area some don't have alot of knowlege on.

You , sorry to say, have misquoted me again. I did not say that you should post a disclamer " as to the fact that I only practice in one state."I just asked that if you were going to post things that pertain to law, that you should state that the law in Utah, may be different.

I have no interest in "checking" on polygraphs at this time. Nor am I going to engage Bella for my information. If I need information, I will do as I have done. I don't know Bella, but I think it was uncalled for to give a litttle jab to her in regard to what I posted. That was not necessary. If you have a qualm with her, take it up with her. Not me.

As far as looking up Utah law..I looked up and found alot. But before I would or could post it, I would have to give it to someone else to decipher for me. It was hard for me to understand, to be honest. Hense, my calling on my brother. I think you could do that better than I. If I posted what I had found, I am very sure, I would make a mistake.