We got the left cross. And we got the right cross. We've got the cross if he comes in high and the cross if he comes in low. We've got more crosses than the average rural Spanish town.
Seriously - I'm working on another parole revocation case which, because it's ongoing, really can't be blogged about in any detail. However I can say that my parole supervisor is one crafty crafty gal who keeps her eye on the prize. And because of that we're getting prepped for all kinds of scenarios.
Although it's fun to think about the issues in theoretical terms, parole hearings are actually pretty stressful. As I've detailed before, there's significant time involved, the hearing is more informal, the standard is preponderance, and the ultimate fact finder asks direct questions and has subpoena power. You don't have proof beyond reasonable doubt to fall back on and there's sometimes a pre-existing floor of liability you have to take into account (meaning that if there's an underlying law conviction your client has pled guilty to in a court of law, they will be violated as a matter of course by the hearing examiner, hence because your client may already be slated for revocation, you have to be careful which arguments you use to try to defeat a more serious revocation, lest the god of unintended consequences rear his unfortunate head.)
So there are times when all your instincts say to bring out the sledge hammer but the uncertain footing and possible flying debris restricts you to tweezers. Tweak. Tweak. Tweak.