A Geek With Guns

Chronicling the depravities of the State.

When Being Arrested is Enough to Land You in Prison

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A man is currently sitting in prison because he was arrested. Mind you, he wasn’t found guilty of anything but being arrested violated a condition of his parole so he’s not rotting in a cage again:

In March 2016, a year after Smith’s arrest, prosecutors dismissed the other charge against Smith — the drug crime — after the man who claimed the package of pot pleaded guilty, court records show.

“Your case is dismissed,” a judge told Smith, according to the transcript. “That’s the end of that, so, for you.”

The problem: Smith’s arrest was a violation of his parole. Such violations can send him back to prison. It doesn’t matter that the charges were dropped. And the ultimate arbiter of whether Smith violated his parole isn’t the judge or prosecutor, but the Tennessee Board of Parole. And that group of seven people, all appointed by the governor, has decided to keep Smith in prison.

Just another day in the freest country on Earth.

The whole point of parole (ideally, not in practice though) is to release individuals who haven’t demonstrated themselves to be dangerous on the condition that they behave themselves. However, including the stipulation that a parolee avoid being arrested takes control away from them because, as we all know, a law enforcer can arrest you for any damned reason they please. As the old saying goes, you might avoid the charge but you won’t avoid the ride.

Written by Christopher Burg

September 22nd, 2017 at 11:00 am

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