can probation and parole cancel a court hearing if they are not involved in the case?

UPDATED: May 29, 2009

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can probation and parole cancel a court hearing if they are not involved in the case?

My boyfriend is in jail, (inmate of the state of Wis.) He filed a sentence modification with the judge that sentenced him. He had a court date set with the judge. Probation and parole cancelled the hearing. How can they do that if they are not involved in the court hearing? What can we do to get a hearing again?

Asked on May 29, 2009 under Criminal Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

For a sentence modification to be granted the prisoner needs to prove "new factors" are present such that their sentence should be modified.  The investigation of those factors is more than likely up to the parole board.  If that's the case, and the factors your boyfriend is using are absolutely not the kind that will get the sentence reduced, then based on the recommendation of the parole board the court could cancel a sentence modification hearing.

So in essence, parole may be involved here.  While I could find no specific provision on this I did find a link to a state manual that explains sentence modifications in general.  I think that it may be helpful for you to review:  It lists what "new factors" are considered in a hearing for a sentence modification.

Since I'm not licensed in Wisconsin, you may want to speak to a criminal attorney who is, they will be more knowledgeable on the subject.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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