My question involves criminal law for the state of: Kansas
I know i talk about drugs in this but the end result is a parole violation and any help you may offer is greatly appreciated. Thank you in advance
My brother is 42 and been in trouble most of his adult life. He has tried to straighten up but about a year and a half ago he relapsed and was caught and charged with possible meth manufacturing and a variety of other charges. He basically spent over a year in jail awaiting his trial to end. At the end they came to a plea deal. The judge basically said that he got the deal of a lifetime and if he saw him back in his courtroom then he would serve the remaining 35 yrs of his sentence. My brother went to rehab for just over 30 days and then they needed the bed. He moved in with a gal that wanted him to supposedly. He says that all she wanted to do was fight with him so he started not coming around there very much. Well last monday he was at the house and she started hollering at him. He left the bedroom and sat down on the couch. She slammed the door and locked it. He asked her if he could get his things and he would leave. She said no. He walked down to her parents house right down the street. I guess they got her to put his things on the porch for him. He walked down and loaded his things in his car. Next thing he knew was the police showed up for criminal damage to property. They took him to jail. He or'ed out later that night. He called his parole officer the next morning and told him what happened. He said that they were closing his case in that county and transferring him back to our county which is just to the west. So he called back to our county and they set up an appointment for him to meet that afternoon with his parole officer in our county. Well he arrived for his appointment and the DA had him picked up on a parole violation since he was arrested. Basically he was arrested for a broken 1x6 which he says he never did. The gals mom even says he didnt do it. She wrote a letter to that effect also. So now he is setting in the jail on $100,000 bond. Oh and the DA does not like him. So here are my questions
1. He has court on Friday for the parole violation and he does not have an attorney but we have been told that his last attorney will have to be reappointed to his case but if the DA is arguing to send him to prison will they automatically do that?
2. If he is found not guilty in the case in the other county wont that null and void his parole violation since if he didnt do it then there would not have been a violation?
We are all over this! And yes I know he needs to be more picky in the friends that he chooses. He really is trying to straighten his life up. Thank you for all the help anyone is able to provide.