Posted by Hardy Parkerson, Atty., hmparkerson@bigfoot.com, on 11/16/03

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Dear Counsel.Net Friends,

In Louisiana once a defendant pleads guilty or is
convicted after trial and put on probation, he is subject
to being arrested without even a warrant by his probation
officer for "probation violation". Seems to me like
probation officers delight in doing this. Once arrested
for probation violation, a probationer may or may not be
allowed bond pending his "probation hearing." I am sure
that a probationer is not entitled as a matter of absolute
right to be released on bond pending his probation hearing
on the issue of revocation. However, since some
probationers who have been so arrested for probtion
violation are indeed admitted to bail pending their
probation revocation hearing, I think that under
the "equal protection" clause of the U.S. Constitution all
such probationers must be so admitted to bail. Of course,
the court may set the bond in any amount it feels
necessary to assure the appearance of the defendant, but I
argue that if it allows some to be bonded out awaiting the
hearing, then it must allow all defendants to be admitted
to bail; and to grant this privilege to some and to deny
it to others is a violation of the "equal protection"
clause. What do you think?

Sincerely,

Hardy Parkerson, Atty.
Lake Charles, LA
hmparkerson@bigfoot.com

Re: EQUAL PROTECTION ISSUE - I NEED SOME INPUT, 4/01/12, by Rachael Phipps.

Equal Rights Chatboard

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