MISSISSIPPI PROBATION VIOLATION

This is a discussion on MISSISSIPPI PROBATION VIOLATION within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; My nephew was recently aquitted of drug charges in Gulfport, Mississippi after spending over two years in county jail awaiting ...

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Old Sep 12th, 2012, 04:06 AM   #1
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Default MISSISSIPPI PROBATION VIOLATION

My nephew was recently aquitted of drug charges in Gulfport, Mississippi after spending over two years in county jail awaiting trial, he steadfastly denied the charges throughout, however, because he was on probation he is still being held after his aquittal and is not schelduled to go before the parole board until sometime in September 2013, a year from now, I know that parolees are under different standards than others who are not on parole, but to be locked up in essence for three years for something that you did not do seems to me unjust. Is there any recourse for him regarding this matter or is it possible to accelerate the board hearing so that he can be heard and released. Any input will be appreciated. Thanks.
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Old Sep 12th, 2012, 07:55 AM   #2
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Default Re: MISSISSIPPI PROBATION VIOLATION

I wish to inform you that 'SEC. 47-7-37. Period of probation; arrest, revocation and recommitment for violation of probation or post-release supervision' of Mississippi Code 1972 will have jurisdiction in this matter. The judge can continue or revoke all or any part of probation or all or any part of the suspension of sentence. Further, upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.

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Old Sep 12th, 2012, 12:38 PM   #3
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Default Re: MISSISSIPPI PROBATION VIOLATION

Kind of sounds unfair to me also judging from the information you gave. I could see holding for both the drug charge AND the resulting probation violation, but since he was acquitted of the drug charges, there would be no violation. Do you have a lawyer?
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