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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

 
 
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Old 10-10-2017, 06:37 PM
wakeupnovember wakeupnovember is offline
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Default Help w 115 violation report.

I need help figuring out this situation :

My fiancé is an inmate at Folsom state prison California.
He received a 115 for a cell phone on June 23rd 2017. They held the hearing without him (I believe he waived his right to be present but I'm still trying to find it for sure on that). BUT. They held his hearing on July 28th. That's pat the 30 day time limit. As far as we know there was nothing filed stating any reason for the extra time or delay. I've been researching and it appears that if they miss the 30 day deadline to hold your hearing, the 115 RVR should be heown or and voided. Am I missing something? This violation changed his EPRD from October 16 to November 25th 2017. Because he lost 60 days at 66%. Ok. That's part 1.
Had I know about this at the time we already would have appealed it but I just found this info. Can we still appea it since they missed the 30 day limit?

Now there's also a part 2.... he went from June 23 til October 4th no write up. Then October 4th he got another RVR which resulted in his security level being changed so he was moved over the wall into the main prison. My question ask is, since he's gotten ANOTHER violation (which he has not been officially served yet) , is there even a chance to appeal the first based on the time thing? I feel like if he at least gets those 60 days back at least it won't seem like such a bit depending how much time he loses for this one. Sorry this is long. And confusing. Any help is appreciated. I'm lost.
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