Question of parolee restituion

Discussion in 'Off-topic' started by Xiclotl, Oct 13, 2010.

  1. Xiclotl

    Xiclotl Active Member

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    My GF is supposed to receive restitution from the punk who broke into her apt last year. The first payment was supposed to come last month. She has made numerous attempts to contact the parole officer and the parole office itself, but no one will pick up a phone or return her phone calls.

    What is her next step? Does she contact the judge?
     
  2. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    write a letter.
    In fact write two. One to the local parole office handling that burglar's case, and another to the state headquarters of the parole system.

    Now here's something I'm not sure of--- is restitution supposed to be paid while on parole? I always thought restitution was a condition of PROBATION, but not parole.
    Did the burglar get a split sentence, with some time in prison (which became parole time when they let him out early) and another term of years to be served on probation?
     

  3. Xiclotl

    Xiclotl Active Member

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    Not really sure. I thought that probation was given instead of prison time and parole was serving the remainder of the sentence outside of prison. They guy was given 1 year in jail with 5 months time served credited and then (I think) 2 years of probation/parole and was to pay her back in months installments for the next ten months. Since it's the GA dept of parole I figured he was on parole. Me am not lawyer obviously. I suppose it's probation since he was let out? He is supposed to be under intense supervision but I've heard of plenty of criminals that don't get looked in on during this time.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Normally judges can't sentence somebody to pay restitution while on PAROLE because judges can't sentence people to parole, and nobody has a "right" to parole. Judges sentence people to prison and/or probation. The "prison" part of the sentence can be turned into "parole" time, but that's up to the Board of Pardons and Paroles.
    If a judge says "I sentence you to 3 years, serve 1, balance on probation," then the judge says you are supposed to spend 1 year in prison, then go to probation, then you become truly free.
    But usually the Board of Pardons and Paroles will turn 2/3 of your "prison" time into "parole" time.

    Both parolees and probationers live "free" among us, in their own private homes or apartments or with thier families. They work regular private-sector jobs and are only minimally supervised. The only real difference is that if you do something bad while on parole, you go back to prison quick. No right to a trial or even a full hearing. On parole, you get a quick administrative hearing where hearsay evidence is allowed and then they find you no longer deserve parole. Revoked. Probation involves a little bit more of a burden on the state to prove you violated your conditions.