• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Parole Violation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MyGirlMelissa

Junior Member
Parole ViolationWhat is the name of your state? Calif

My girl friend was arrested today for violation of parole her agent said to me he was going to prop 36 her and not send her back to prison. My questions are how long can he hold her without some kind of hearing and can he send her back to prison without a hearing? Also she want to change parole countys and he wont hear of it isnt there away to go around your parole officer and ask someone higher up to hear your plea what forms do you use to do this???
 


I AM ALWAYS LIABLE

Senior Member
MyGirlMelissa said:
Parole ViolationWhat is the name of your state? Calif

My girl friend was arrested today for violation of parole her agent said to me he was going to prop 36 her and not send her back to prison. My questions are how long can he hold her without some kind of hearing and can he send her back to prison without a hearing? Also she want to change parole countys and he wont hear of it isnt there away to go around your parole officer and ask someone higher up to hear your plea what forms do you use to do this???


My response:

Life is the real sh!ts when you're a criminal, ain't it?

Especially when you're some scumbag bitch, like your girlfriend.

"Big Shirley's" gonna have some fun tonight with Melissa!

IAAL
 

CdwJava

Senior Member
MyGirlMelissa said:
Parole ViolationWhat is the name of your state? Calif

My girl friend was arrested today for violation of parole her agent said to me he was going to prop 36 her and not send her back to prison. My questions are how long can he hold her without some kind of hearing and can he send her back to prison without a hearing? Also she want to change parole countys and he wont hear of it isnt there away to go around your parole officer and ask someone higher up to hear your plea what forms do you use to do this???
Prop 36 would (I believe) require a new charge and a new prosecution. If he violated her for possession or being under the influence, he might be able to hold her until she comes up for trial. Otherwise she has technically 35 days to be brought before a hearing panel. However, the 35 day rule is not in stone until July of '05, so it may take a little longer. And if she is facing fresh charges, all bets are off.

And changing the county of parole is not usually a choice. Sometimes - due to hardship or a VALID reason, they might permit it. She can speak to her agent's superior, but in my experience that will be useless. She has to show that she can succeed on parole before they will be inclined to grant favors ... and apparently she ain't succeeding.

- Carl
 

cdkelley

Member
Was she arrested while under the influence or maybe for a dirty bottle?
If she was arrested on a violation then shes already been charged with a new charge.Only if she was under the influence again could she get new charges.The longest that she can be remanded on the violation in Calif. is either a six month or a "bullet"-one year. Depending on what the po recomends &(if she goes in front of them) the f.a.r. board review say. Nowadays if she was told they'll prop 36 her then she'll be in custody until a bed comes available in a live-in program. Eventually (usually after )30 - 90 days she go to a S.L.E.& will be there for another 90 days.She'll be out on the streets then with a certian curfew at night in the s.l.e.
The parole & probation offices are hesitent to let a parolee or probationer to change counties because it cost alot of taxpayers $$ & it's alot of paperwork.Besides they like to see their cases through to the end pretty much.But repeat violators don't get too much of what they ask since they can't stay responsible in the first place.
She should consider the fact that she's only getting prop 36 for her habit. Maybe she'll try harder this time to stay clean.I'm not trying to be judgmental or anything just suggesting for both your sakes.
Good luck & take care.
Cathy :)
 
Last edited:

I AM ALWAYS LIABLE

Senior Member
My response:

I think California should incarcerate druggies for no less than 10 years. Then, if the criminal becomes a recidivist, California should have expedited executions.

I'm so sick and tired of druggies ruining the landscape in this beautiful State! They're animals, anyway. They're not human, and they do nothing for society except being drains.

IAAL
 

MyGirlMelissa

Junior Member
Thanks To Everyone Except Mr Un-reliable

Thanks So Far For The Input As Anyone Knows Its Not Easy Kicking Habits That Control Your Brain And Body. I Was Clean And Sober At One Time For 10+yrs And Found Out The Hard Way That My Disease Was Bigger And Stronger Than I Was. It Took Me Back Into Its Arms And Encompassed Me In No Time. I Now Have 13days Clean And Sober Again And Am Praying Everyday For Another Day Clean & Sober. I Know I Cant Do It For Her But Trying To Point Her In Right Direction.....maybe Its Time For Me To Step Back And Show What They Call The Tough Love Technique....never Worked For Me But Maybe It Will For Her....thanks Again To All Except The Arrogant Mr A_ _ Liable
 

justSara

Junior Member
Prop 36

cdkelley said:
Was she arrested while under the influence or maybe for a dirty bottle?
If she was arrested on a violation then shes already been charged with a new charge.Only if she was under the influence again could she get new charges.The longest that she can be remanded on the violation in Calif. is either a six month or a "bullet"-one year. Depending on what the po recomends &(if she goes in front of them) the f.a.r. board review say. Nowadays if she was told they'll prop 36 her then she'll be in custody until a bed comes available in a live-in program. Eventually (usually after )30 - 90 days she go to a S.L.E.& will be there for another 90 days.She'll be out on the streets then with a certian curfew at night in the s.l.e.
The parole & probation offices are hesitent to let a parolee or probationer to change counties because it cost alot of taxpayers $$ & it's alot of paperwork.Besides they like to see their cases through to the end pretty much.But repeat violators don't get too much of what they ask since they can't stay responsible in the first place.
She should consider the fact that she's only getting prop 36 for her habit. Maybe she'll try harder this time to stay clean.I'm not trying to be judgmental or anything just suggesting for both your sakes.
Good luck & take care.
Cathy :)

Why do you think she will be in a live in program? I wanted my daughter in the prop 36 program because I thought she would be in a live in program and not the case, eventho she is an alcoholic and was using heroin at the time. They had her in a outpatient program and she was pee tested once a week on Friday's only......I don't care what anyone says Prop 36 is a big waste of taxpayers money. Its leaves addicts on the street to continue to commit crimes. Spend a day in drug court and you will see what I mean. I hope they get rid of it and use the money for more drug programs in the jails.
 

CdwJava

Senior Member
justSara said:
Why do you think she will be in a live in program? I wanted my daughter in the prop 36 program because I thought she would be in a live in program and not the case, eventho she is an alcoholic and was using heroin at the time. They had her in a outpatient program and she was pee tested once a week on Friday's only......I don't care what anyone says Prop 36 is a big waste of taxpayers money. Its leaves addicts on the street to continue to commit crimes. Spend a day in drug court and you will see what I mean. I hope they get rid of it and use the money for more drug programs in the jails.
Unfortunatey, the voters of my state were sold a big bill of goods on Prop. 36. It IS a waste of time and money, it is NOT very successful, and it effectively gives the defendant two "get out of jail free" cards for drug possession. Drug Court is a better program because it had far more punishments attached. Prop. 36 has relatively small teeth to account for failure, and does not even require successful completion of the program.

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top