View Full Version : Parole violation - what's the process, drug charges


KMSinCali
09-07-2008, 11:48 PM
My husband is currently on parole and probation. He received parole on a probation violation (he violated his probation on a 2005 drug felony charge and was sentenced to 1 in prison, but he served enough county time in addition to the time he served on the original charge, that he never actually went to prison) back in April, 2008.

He then was picked up on a new drug charge in June and received Prop 36 and 3 years probation.

In the past couple of weeks, he tested dirty, stopped going to his prop classes and was exited from the program. He's now in violation of his probation and parole and he picked up a new misdemeanor on Friday. All of this is drug related. (Yes, he has a problem, so let's not even go there.)

His agent called him on Friday and is currently looking for him.

What kind of consequences could he be facing? The standard 12 month prison sentence?

What is the process he might have to go through if or when he gets picked up or turns himself in?

Any advice for him on this matter, as far as not making it worse than it already is?

Gryphon
09-08-2008, 01:51 PM
It depends on whehter or not he's about to get kicked out of Prop 36 court. If not, parole might not send him back to CDCR.
If the case in Prop 36 is a felony, he's probably about to sentenced to a new prison term. The parole violation will run concurrent IF there is no basis for the violation other then the subject mattter of the VOP. If it is all different, the violation sould run consecutive.
Then, it sounds like he has yet another case to deal with that he's about to be arraigned on. If that one is a felony, it could add additional time.

If he's willing, he could try to get into a very long residential program and hope tha the gets sentenced to that. However, even if the Judge is willing it may not work out. It is tough for the defense to coordinate parole violation and local sentences.

He needs to be careful about what he asks for. If he recieves rehab, and blows it again, he could be in prison for years longer than he'd otherwise have to serve! Sentences could involve suspended upper term, full consecutive sentencing, and credit waivers. It could get very ugly if he violated.

My husband is currently on parole and probation. He received parole on a probation violation (he violated his probation on a 2005 drug felony charge and was sentenced to 1 in prison, but he served enough county time in addition to the time he served on the original charge, that he never actually went to prison) back in April, 2008.

He then was picked up on a new drug charge in June and received Prop 36 and 3 years probation.

In the past couple of weeks, he tested dirty, stopped going to his prop classes and was exited from the program. He's now in violation of his probation and parole and he picked up a new misdemeanor on Friday. All of this is drug related. (Yes, he has a problem, so let's not even go there.)

His agent called him on Friday and is currently looking for him.

What kind of consequences could he be facing? The standard 12 month prison sentence?

What is the process he might have to go through if or when he gets picked up or turns himself in?

Any advice for him on this matter, as far as not making it worse than it already is?

KMSinCali
09-09-2008, 06:00 AM
May 2005, he receieved a felony possession charge. He was ordered to enter a 6 month treatment program, but walked out after the 1st week. His probation officer then told him to enter another one asap or he'd be in violation of his probation. So he entered another program and again walked within the week. At that point, it was considered a violation and he served a county year of jail time (8 months good time). When he was released, he was still on probation until July, 2008.

January 2008, he was asked to return to custody on a probation violation (there was an anonymous report made to probation that he was using, as well as the fact that he'd moved 6 weeks earlier and never officially changed his address). Since he'd already served a county year in jail on the same original charge, he didn't qualify for a jail sentence again. His prison sentence would have been 1 year with good time, but they credited his previous 8 months to that sentence, so really he only had 4 more months to worry about. His public defender delayed his arraignment for about two months or however long it took to calculate out so that he would be able to walk out of county jail on parole, with a CDC #, yet never stepped a foot in prison.

June 2008, he was arrested for a felony possession and misdemeanor paraphernalia charge. Since it was a violation of his parole, they put a hold on him and he sat in jail for a week to decide if he was eligible for Prop 36. They determined he was, so the hold was released, and he entered the Prop program along with 3 more years probation.

So up until about 3 weeks ago he was taking his classes and doing his tests. Then he went on a run, started using again, and started missing his classes. He had one dirty test and one missed test. When he talked to his parole agent about it, he was told he would have to enter a residental program asap. For the past two weeks, he's been on a wait list. He stayed clean for about a week and then started using again, blew off his prop classes, testing, and an app't with probation. As of Friday, he was dropped from his prop classes and they reported him to his agent. Also on Friday, he was arrested on a misdemeanor paraphenalia charge, but released as long as he agreed to work with the police and help set up an arranged buy (he still hasn't called them about that).That same afternoon, the paperwork went across his agent's desk and he's, of course, in violation again ... not just for being dropped from his prop classes, but for the new misdemeanor charge.

So at the moment, he doesn't know what to do. He doesn't know what he might be facing. His parole agent started the rounds looking for him on Friday and found out that he'd moved out of the house he was living in. (We've been separaed for 9 months.) Today his agent came by my home looking for my husband. Once he found out about it, he took off and currently, I don't know where he is. Right now, he would be considered absconding, right? How is that going to affect the larger legal mess he's in?

So what it seems like is he violated the 2005 charge which got him parole to start with. Then he violated parole when he was arrested in June. And now he's violated probation AND parole by testing dirty, getting dropped from his prop classes, and catching a new misdemeanor.

He definitely needs help, but to be honest, I don't know if treatment or prison is better. Prop 36 only pays for a 90-day treatment program and that just seems to only make a dent in the problem.

But since he's actually violated his parole now 2, or even 3, times (I'm not exactly sure how they calculate each of the instances), is each violation going to be a 12 month sentence?