question on parole revoke hearing

[wenwas]

What is the name of your state? wisconsin
my husband is on parole, his sister accused him of a crime(which he didn't commit). the police investigated and decided not to pursue charges. his po did her own investigation(only asked his sister), but in her investigation she didnt ask him for an aliby or for any people who can confirm his aliby. she found he did the crime, and now has recomended a hearing to revoke his parole. we have 7 people to confirm his aliby. will he be able to have those people testify at the hearing? will the board believe his po and not his evidence? he has had a perfect record since he was put on parole. will that help him? we cant' afford an attorney.will he be able to have a public defender? any suggestions on this sittuation will be appreciated.

 

[Illinois Parent]

The idea of a parole violation hearing is to determine if the parolee engaged in a behavior that is in contradiction to the rules of his parole. In other words, it is not a 'trial' to determine ultimate guilt or innocence. If he is absolutely completely innocent of this accusation being levelled at him by the sister, you do have to option of taking the sister to court and suing her. That is a civil matter then, and if he can prove that she was completely false, not in just the particulars but also in the general statements, you may be able to win a civil suit. It wont have any bearing on his parole hearing, but would exonerate him and open the possibility of suing her for loss of wages, etc., that were a direct result of his being re-incarcerated.

In most cases and in the experience of most parole agents, if a parolee is accused, there is something to the accusation. Again, the full charge may not be true, nor does it need to be to constitute a parole violation. Again, it is any behavior that is in violation of the parole rules. As a parolee you are not allowed to be in the wrong place at the wrong time. You are to live your life in such a way that you are beyond reproach. Then, if there is an accusation, the 'assumption' may fall in favor of the parolee.

If you want a specific answer, then tell us what he was originally incarcerated for, what is his complete criminal history/background, and what is the accusation being currently levelled at him. Dont forget to include whether or not there have been other 'bruisings' of his parole orders.

 

[wenwas]

the one and only thing on his criminal record is manslaughter 2, in wisconsin self defence isnt a defence. this person had killed his friend then tried to kill him. in the 5 yrs he has been on parole he has not done one thing wrong. his sister accused him of molesting one her daughters 3 yrs ago on a specific date that we know he was at one of my family reunions. thanks for the reply
wenwas

 

[Illinois Parent]

If he is truly innocent of this accusation, not just on that date, but on ANY date, RUN to the first attorney you can find and file a slander/libel suit on the sister. If you can find an attorney who will take the case, the mere threat of that action may be enough to get the sister to recant. Otherwise, I'm sorry to say, I've seen parolees violated for a lot less.