My BF was arrested yesterday. He is on parole for domestice violence charges. Well when he was arrested he was high so they got him for under the influence of a controlled substance. But now I see that they are also trying to get him with possession for sale of a controlled substance! He had nothing on him. There were drugs and a scale at the house he was at. No one that was there (4 were arressted) is claiming it of course so I think they are charging everyone that was there. I guess my question is.....has anyone had this happen before? He has no previous drug charges. I know he wants to request Prop 36. He wants help with his addiction but I know he wasn't selling and very seldom even possesses enough for him to even get high! Any input would help

Thanks

I think you probably mean prop 36. That is the drug diversion program. It is doubtful they will be able to prove sales if it wasn't his house and he had nothing on him. But the parole violation will cause him grief. They may well send him to diversion if he says he has a drug problem. They are not sending everyone back to prison at this point because of the overcrowding. So he has a good chance. Try not to worry. Good Luck.

You may want to ask Gryphon about this.

Your right, I meant Prop 36. Diversion is exactly what he wants. He was thinking about calling his parole agent and asking for it anyways. He doesn't know how else to get help. Will it help if I talk to his Parole agent or should I just sit tight and wait? He goes to court tomorrow afternoon.

Diversion (PC 1000) and Prop 36 are different. Those eligible for diversion do to a couple of classes and stay out of trouble for a year. Prop 36 has a LOT more to it, with regular testing and lots of showing up required.

What you are missing is the evidence, or lack therepf, to support the sales charge. If they can make that stick, he won't get Prop 36. The sales charge could be proven by admission (giving it away or furnishing it counts as sales), pay/owe records, a snitch, a "sting"; they don't necessarily have to find a bunch of drugs. Just a scale shouldn't be anough evidence to make a sales charge stick.
If it ends up that he's Prop 36 eligible (and he isn't unless that sales count is beaten) then parole will lift the hold in the majority of cases. The exception is where the violation is based on something other than the pending drug case; and sometimes where the underlying crime is very serious or past parole performance has been horrible.
I doubt that your contacting the PO would have any impact whatsoever. You'll say the obvious thing (that he has a drug problem), which is already pretty obvious given the charges. You should contact the defense attorney, however, if there's any evidence you can provide about sales v. use.
A bit of a warning. If you do have actual information regarding sales v. possession, there's a chance that you'd be providing it in a way that incriminates you. Possession is defined as the ability to exercise control over an item.

Well, I am definately hopefull. I don't believe they have any evidence at all. As far as past parole performance he has gotten excellent reports from his parole agents. Keep your fingers crossed and say a prayer for us. I think this is exactly what he needed. Did that make sense?

Was there a search warrant? Was he named in the search warrant? Did he have mail going to the house, or has he claimed the address was his residence? There's alot of questions that would need to be answered before you can say definitively that he either 'is' or 'is not' in alot of trouble. It might be they will drop the charge and just give him a violation, that seems to happen alot when they don't have great evidence

The charges weren't filed. I guess the DA didn't have enough evidence. He is still being held on his parole hold. But here's the thing......They are required to serve the parolee by the 3rd day of their hold telling them why they are being held and what the parole revocation process is. He was arrested Tuesday afternoon and still has not heard anything. I think they have to release him....