My friend is SOOOO cool. Here's her answer - but a few disclaimers first. 1) She (and I) are not attorneys, and this is not advice. 2) Most of her knowledge comes from her years of experience as a Probation/Parole agent in WI, some from her training as an FBI intern, and a little from her volunteer work at the law school in Legal Aid to Institutionalized Persons (her particular work involves making motions to the court to get sentences reduced for people who have been convicted). This is provided so you can make decisions about her info, possible biases, etc.
For the PO hold: can't post bail on PO hold. Last I knew, the agent
can initially hold for 3 business days starting the day after the hold,
during which a statement should be taken and the case staffed/decision
made on what to do made (so if picked up on Tuesday, agent should have
till Friday to have initial investigation done and a decision made);
however, custodies can be extended if time for further investigation is
needed. If decision is to revoke, can keep in or release while awaiting
the hearing (usually in - there's a number of reasons that would allow
the DOC to keep someone in while awaiting a hearing, and the supervisor
is to sign off on that on second page/back side of the 414; if I
remember correctly, it incl's stuff like there's a likelihood offender
will engage in noncompliant behavior, will engage in criminal behavior,
will flee, faces subst'l time on a revocation [over 6 months], stuff
like that), and if decision is to not revoke, might release, or if it's
an ATR of some kind, like to a halfway house or inpatient treatment,
might keep holding till bed available and then release from jail to bed
when it's open. If decision is to initiate revocation, unless s/he
waives right to hearing, there's a revocation hearing in which s/he can
fight it (for ex deny allegations, or yeah I did it but need another
chance). Statements made to agent can be used against him/her at rev
hearing but not in any criminal case (although I think there's some
exception if s/he testifies at the crim case and his testimony is
directly contradictory to his probation/parole statement).
THEN I GAVE her a Shaun Rudy scenario, but it's not her area of expertise - here's what she said...
S far as trial on weapons, that's up to State. It's separate from the
question of whether there's a rev hearing (can have one w/o the other).
I'd guess the state's decision would Prob'ly depend in part on what
weapon is and what the evidence is to prove it (is it a felon possess
firearm thing? Carry Concealed weapon?). Might end up with sitch
where he gets signature bond or cash bail on pending crim case but even
if he signs it or pays it he can't get out cuz of PO hold. Sometimes
they do a "signature bond to revert to cash bail in the event the PO
hold is lifted" thing.
For the PO hold: can't post bail on PO hold. Last I knew, the agent
can initially hold for 3 business days starting the day after the hold,
during which a statement should be taken and the case staffed/decision
made on what to do made (so if picked up on Tuesday, agent should have
till Friday to have initial investigation done and a decision made);
however, custodies can be extended if time for further investigation is
needed. If decision is to revoke, can keep in or release while awaiting
the hearing (usually in - there's a number of reasons that would allow
the DOC to keep someone in while awaiting a hearing, and the supervisor
is to sign off on that on second page/back side of the 414; if I
remember correctly, it incl's stuff like there's a likelihood offender
will engage in noncompliant behavior, will engage in criminal behavior,
will flee, faces subst'l time on a revocation [over 6 months], stuff
like that), and if decision is to not revoke, might release, or if it's
an ATR of some kind, like to a halfway house or inpatient treatment,
might keep holding till bed available and then release from jail to bed
when it's open. If decision is to initiate revocation, unless s/he
waives right to hearing, there's a revocation hearing in which s/he can
fight it (for ex deny allegations, or yeah I did it but need another
chance). Statements made to agent can be used against him/her at rev
hearing but not in any criminal case (although I think there's some
exception if s/he testifies at the crim case and his testimony is
directly contradictory to his probation/parole statement).
THEN I GAVE her a Shaun Rudy scenario, but it's not her area of expertise - here's what she said...
S far as trial on weapons, that's up to State. It's separate from the
question of whether there's a rev hearing (can have one w/o the other).
I'd guess the state's decision would Prob'ly depend in part on what
weapon is and what the evidence is to prove it (is it a felon possess
firearm thing? Carry Concealed weapon?). Might end up with sitch
where he gets signature bond or cash bail on pending crim case but even
if he signs it or pays it he can't get out cuz of PO hold. Sometimes
they do a "signature bond to revert to cash bail in the event the PO
hold is lifted" thing.
