The prime suspect in the murders of Jennifer Hudson's mother, brother and nephew was arrested for drug possession in June (08) - but was reportedly set free by a judge.
William Balfour is currently being quizzed by police over the slayings of Darnell Donerson, Jason Hudson, and seven year old Julian King in Chicago, Illinois.
And it has emerged he was held by cops for allegedly possessing cocaine earlier this year (08), but was freed after a judge dismissed the charge for lack of probable cause.
Legal experts claim the arrest itself could have been enough to put Balfour back behind bars for months, because it violated a previous probation order.
Under U.S. law, criminal charges can result in parolees being returned to prison even if the counts are ultimately dropped.
In Balfour's case, he could have been sent back to jail for the remainder of his parole - which is due to end in May 2009. With good behaviour, he would have been released in December (08).
Oscar-winner Hudson's mother Darnell and brother Jason were gunned down at their home in Chicago on Friday (24Oct08). Her nephew, Julian King, was missing for three days after the slayings. His body was discovered in a car in the city on Monday (27Oct08).