William Balfour should have been in prison!

Jennifer Hudson's tragedy may never have happened if police and judge would have done their job!

William Balfour was arrested in June for drug charges, which was a parole violation.

Corrections Department spokesman Derek Schnapp said officials who reviewed the cocaine-possession case against William Balfour determined "the evidence that was presented during that time wouldn't have necessarily warranted a violation."

A judge dismissed the charge for lack of probable cause in July, but under the strict rules of the state's parole program, Balfour could have gone back to prison just for the arrest.