View Full Version : Released with NO warning from DVI?


Nancbee4
11-14-2006, 06:30 PM
My son is supposed to be released from DVI very soon. I estimated he would probably be released around December 7th but it really could be anywhere from late November to mid December depending on how they calculate his time. Now today he wrote and said that he has NEVER seen a counselor at all. He has been giving NO release date but he has been told my many inside that DVI releases inmates all the time without them seeing a counselor first. Can this be true? I wanted some kind of warning so I could take the day off and go and pick him up. DVI is not close to much of anything and he will only have 24 hours to report to parole 160 miles away and have a warrant put out. Is this really the way they do things at DVI?? :mad:

cadustin
11-14-2006, 10:05 PM
He needs to request to see his counselor immediately! I think there is a form he can use to request his release date too. He should have been given something when he first got to prison. How long has he been there?

TerriB
11-14-2006, 10:30 PM
You can also call his counselor if you know their name and ask for a date, explain to them that you need to take the day off to pick him up and so forth... if they won't tell you anything then ask if they can talk to your son to find out and him let you know.

Nancbee4
11-16-2006, 08:55 AM
My son has been at DVI since mid September. He already was seen by a counselor in Feb. at San Quentin. He served his whole sentence then was picked up by another county on an old charge and was resentenced and is now is reception at DVI. Nobody has seen him there and it has been 2 months now. He should be released the 1st week in December. I just want to be able to send his dress out clothes and pick him up but he has not gotten any papers for me to send the stuff or to tell me when he gets out. He has had 6 cell mates come and go while he sits there. I am starting to think they forgot about him. I also applied for visitation and he did write to me a long time ago and told me they gave him a slip that said a visiting form had been received and was being processes. I called a few days ago and was told I was not approved yet. I used to be approved last spring when he was in SQ but apparently not now since he was "paroled" and came back. He was never free though.

cadustin
11-16-2006, 10:52 PM
That is strange cuz your approval should be good for a year if hes been in the whole time, since he wasnt really paroled. I would send his dress outs anyways. If he is supposed to be released the first week of December, you should be ok to send them. Make sure you write DRESS OUTS all over the box.

My son has been at DVI since mid September. He already was seen by a counselor in Feb. at San Quentin. He served his whole sentence then was picked up by another county on an old charge and was resentenced and is now is reception at DVI. Nobody has seen him there and it has been 2 months now. He should be released the 1st week in December. I just want to be able to send his dress out clothes and pick him up but he has not gotten any papers for me to send the stuff or to tell me when he gets out. He has had 6 cell mates come and go while he sits there. I am starting to think they forgot about him. I also applied for visitation and he did write to me a long time ago and told me they gave him a slip that said a visiting form had been received and was being processes. I called a few days ago and was told I was not approved yet. I used to be approved last spring when he was in SQ but apparently not now since he was "paroled" and came back. He was never free though.

Nancbee4
11-18-2006, 04:38 PM
I FINALLY was able to reach my son counselor at DVI. She told me he was actually credited with 1/3 time at the county so with half time at the state I have calculated his release date is NOVEMBER 15!!! YES THAT'S RIGHT IT HAS PASSED!!!! His counselor says the county never sent all the court papers they need and they are still waiting for them to come so they can officially calculate his release date and set it up. WHAT!!!!!! OMG...I am so upset. He was supposed to be celebrating Thanksgiving with us and relatives are coming to be with him and NOW they messed up and the county did not do his papers correctly so DVI does not even have them???? ARE YOU KIDDING!!! :angry:

cadustin
11-18-2006, 08:45 PM
Call Sacramento on Monday!! This is rediculous! I would have a copy of the court papers in hand if you can so you can fax them to someone who can get him out of there!

I FINALLY was able to reach my son counselor at DVI. She told me he was actually credited with 1/3 time at the county so with half time at the state I have calculated his release date is NOVEMBER 15!!! YES THAT'S RIGHT IT HAS PASSED!!!! His counselor says the county never sent all the court papers they need and they are still waiting for them to come so they can officially calculate his release date and set it up. WHAT!!!!!! OMG...I am so upset. He was supposed to be celebrating Thanksgiving with us and relatives are coming to be with him and NOW they messed up and the county did not do his papers correctly so DVI does not even have them???? ARE YOU KIDDING!!! :angry:

Nancbee4
11-18-2006, 09:27 PM
I wish I had a copy of the court papers. I don't. Nobody ever gave me any copy. I was there and talked to the attorney at the time of sentencing. I talked to the attorney at the court appearances before that too. It was all in another county than the one I live in. I did leave a message on his attorney's phone but he is not there. I don't believe the court he was seen in is in session until after the holiday now. WOW, WE MUST HAVE ALL KINDS OF ROOM JUST TO KEEP PEOPLE IN PRISON AFTER THEIR TIME IS UP!!!!!! I was under the impression they needed that bed ASAP!!! Guess not. :angry:

cadustin
11-19-2006, 12:21 PM
It does not matter if the court room is open, if the courthouse is, which it should be, if you can, take time off work and go there to get a copy of the judgement. At least you would have that when you call Sacramento. I would also see why they have not sent the final papers to Lancaster yet. They may have, I am sure they have procedures to follow too. I just got a letter back that I sent my husband a month ago saying the address was not correct. It is the exact same address I have been sending letters to for over a year now. So, even the post office could be at fault here.

Nancbee4
11-19-2006, 05:24 PM
I am trying to do all that but today is Sunday. Last time I tried to get my sons records out of Santa Clara County I stood in line for a long time at 3 different court buildings. I never did get any papers. They told me HE had to request the papers himself and that he had ways of doing this from Soledad...where he was at the time. I am going to try again but I can't on Sunday. All I can do today is sit her and be upset and stressed out that he should have been here with us at Thanksgiving but he probably won't be now. I just want the courts to do their jobs and not force me to go and make sure they are doing it correctly.

cadustin
11-19-2006, 08:18 PM
Just remember that when you go, these are public records, you have every right to view and make copies of them. Good luck, please let us know how it goes.

I am trying to do all that but today is Sunday. Last time I tried to get my sons records out of Santa Clara County I stood in line for a long time at 3 different court buildings. I never did get any papers. They told me HE had to request the papers himself and that he had ways of doing this from Soledad...where he was at the time. I am going to try again but I can't on Sunday. All I can do today is sit her and be upset and stressed out that he should have been here with us at Thanksgiving but he probably won't be now. I just want the courts to do their jobs and not force me to go and make sure they are doing it correctly.

Nancbee4
11-20-2006, 11:14 AM
Thanks, I was able to get through to my son's attorney early this morning. He didn't want to admit his release date might have passed but did promise he would look into it later today and added that papers can be faxed if necessary. I searched everywhere for the case number and I thought I had it but when I read it off to the attorney he said that was not the case number. I am afraid if I drive down to Santa Clara County to try to get records again they will say I need that number, I don't know. There seems to be some confusion about what the case number is. I think mistakes were made on my sons files. I will give this attorney one day to see if he can fix it. If my son is spending extra days in prison one more day is WAY too long though. I did ask the attorney IF he is spending extra days and IF he goes back to prison in the future can he have credit for those extra days and the attorney said, "unfortunately no". (unfortunately the majority do return) NO?? Then get him the #$%# out of there NOW!! :mad:

cadustin
11-20-2006, 10:08 PM
Funny how that works, if they abscound, their time stops, but if they stay too long, they don't get any credit for that! I just pray he is home b4 Thanksgiving!! Keep us posted!

Thanks, I was able to get through to my son's attorney early this morning. He didn't want to admit his release date might have passed but did promise he would look into it later today and added that papers can be faxed if necessary. I searched everywhere for the case number and I thought I had it but when I read it off to the attorney he said that was not the case number. I am afraid if I drive down to Santa Clara County to try to get records again they will say I need that number, I don't know. There seems to be some confusion about what the case number is. I think mistakes were made on my sons files. I will give this attorney one day to see if he can fix it. If my son is spending extra days in prison one more day is WAY too long though. I did ask the attorney IF he is spending extra days and IF he goes back to prison in the future can he have credit for those extra days and the attorney said, "unfortunately no". (unfortunately the majority do return) NO?? Then get him the #$%# out of there NOW!! :mad: