
07-08-2006, 05:33 PM
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Junior Member
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Join Date: Jul 2006
Posts: 3
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due process violation
i'm hoping to get case law to back up my issue if you can help...a loved one was convicted in august 2004, was on probation and a detainer was lodged when he was picked up in feb 2004, subsequently, he had another criminal charge and was convicted april 2005, he was paroled on the first sentence in december 2004, therefore, not really serving a sentence until convicted in april 2005 on the other set of charges...however, even though the detainer was lodged on day one, no revocation hearing was held until december 2005, he never got any written notification of probation violation, his gag I was held 5 minutes before his gag II, and then he was sentenced to the maximum term of incarceration they could give for the probation violation to be served consecutively to any other sentence...since during the period of december 2004 (paroled on first sentence), and the sentencing for the second set of charges which was november 2005 he wasn't serving a sentence, we are appealing the probation violation sentence based on the facts that his due process rights were violated because they should have and could have held his revocation hearing after the first conviction, and since he was paroled on that conviction, would have had no choice but to start the sentence, also not giving them the authority to run it consecutive to all other sentences already being served...he has been incarcerated for over 2 years already...i am looking for case law to support our appeal...can u help? 
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