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  #1  
Old 06-25-2012, 06:59 PM
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Default Parole Hold with Charges Pending

How does the parole hold work? After the pending charges are resolved does the parolee need to go before the parole board, or does the agent review the matter and make a determination to file a violation?
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Old 06-26-2012, 09:11 AM
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How does the parole hold work? After the pending charges are resolved does the parolee need to go before the parole board, or does the agent review the matter and make a determination to file a violation?
he will be approached by a parole screening officer who will tell him what the parole hold is for. He has the right to have a parole hearing within a certain time or he can wait for the disposition of the criminal case. It's always better to waive time and wait until the case is disposed of because if you go forward with the hearing with a pending case the board can and will find against you just on the basis of the charges, even if those charges are later dropped. If he waits, then they usually will only pursue the violation for what he was convicted of. He will get credit for the violation while the criminal charges are pending. Chances are it will take more than 90 days for the criminal case to get through the court and 90 days is all they can give him on a violation anyway
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  #3  
Old 06-26-2012, 09:24 AM
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Excellent, thank you.
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Old 06-27-2012, 05:38 PM
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In a recent situation, case was dismissed, yet he served 37 days total for violation of parole.
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Old 06-27-2012, 06:49 PM
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it happens fairly often that a parolee gets violated when all criminal charges are dropped, sometimes they are dropped by the prosecutor with the understanding that parole will file a violation. My point was: If you do NOT waive time for your parole hearing until the adjudication of criminal charges, the board will find you guilty of whatever you were charged with. If you wait until the case is over, it can't get worse- but it might be better, particularly if one or more charges are dropped because you are factually innocent.

You could make a case for having the hearing early if you can post bail after you do the time for your violation, but that's the only situation where I could see it being advantageous to NOT waive time for a parole hearing.
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Old 06-27-2012, 08:04 PM
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Sorry, I didn't explain. Charges were dismissed because of Motion to Dismiss by PD. Violation was separate, he didn't show up to Parole Office, just blew it off days before the PC 459 arrest. Has 2 priors, strike, wet & reckless charge brought back. Parole had a hold on him so no bail. Time was waived.Good news, parole is over in July!!
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Old 06-28-2012, 06:58 AM
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*If* a violation is determined does the time spent incarcerated susspend the amount of time on parole?? Meaning, does the clock start running again after he is released or is it still running while he is incarcerated?
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Old 06-28-2012, 09:40 AM
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Quote:
Originally Posted by Annabelle
*If* a violation is determined does the time spent incarcerated susspend the amount of time on parole?? Meaning, does the clock start running again after he is released or is it still running while he is incarcerated?
When this happened to my husband, the time waiting in county for the " new case" counted towards his parole. When the case was dismissed it did not affect his parole released date. They also did not violate him. He actually discharged his # while in county jail. He did exactly what 2Sleppy explained above.
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Old 06-28-2012, 10:19 AM
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Quote:
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*If* a violation is determined does the time spent incarcerated susspend the amount of time on parole?? Meaning, does the clock start running again after he is released or is it still running while he is incarcerated?
In the situation I posted earlier, clock kept ticking. He did receive 7 days added on, but that's because baby mama gave PO derogatory information when he visited and parolee not home.

Hope that helps.
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Old 06-28-2012, 09:07 PM
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*If* a violation is determined does the time spent incarcerated susspend the amount of time on parole?? Meaning, does the clock start running again after he is released or is it still running while he is incarcerated?
yes, they get credit toward the violation from the day the parole hold is placed. Another benefit in waiting is that 'if' it's dismissed you don't get time added to your parole discharge date like you would if you got a revocation.
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Old 07-03-2012, 01:43 PM
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Question: If a parolee takes a plea deal and is going back to prison (not county to serve the time) will they be sent back to the same prison they were in before???
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Old 07-03-2012, 05:14 PM
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only if they were released in the past 6 months (at least that's how it was a few years ago) but with a new case I think he would go to reception an just land in whatever bed is empty in his classification
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Old 07-03-2012, 05:50 PM
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Ahhh, ok. Is it wrong to pray for Chino?
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Old 07-03-2012, 06:13 PM
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if that's the reception center he went to the first time, most likely he will go back there. But if he needs to be reclassified, maybe wasco will be the reception center he goes to. Chino is mostly violators but not entirely. It's kinda a coin toss.
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Old 07-03-2012, 06:29 PM
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He did go there for reception, that was in 2009. Then he went to Ironwood, TOOOOOOOOOTAAAAAAAAALLLLLLLLY inconvenient.
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Old 05-07-2014, 01:57 PM
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Quote:
Originally Posted by 2sleepy View Post
it happens fairly often that a parolee gets violated when all criminal charges are dropped, sometimes they are dropped by the prosecutor with the understanding that parole will file a violation. My point was: If you do NOT waive time for your parole hearing until the adjudication of criminal charges, the board will find you guilty of whatever you were charged with. If you wait until the case is over, it can't get worse- but it might be better, particularly if one or more charges are dropped because you are factually innocent.

You could make a case for having the hearing early if you can post bail after you do the time for your violation, but that's the only situation where I could see it being advantageous to NOT waive time for a parole hearing.
My fiances parole end date is june 17 he was almost off when he was arrested april 22 is his time still going on parole so that he will be able to bond out on new charges or can he revoke himself and still bond out in june so mm etime
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Old 05-09-2014, 09:27 AM
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I don't know what you mean by 'revoke himself'. Unless the law changed, if he is found guilty of the parole violation and given a term to serve for that, the length of time he serves on the violation will be added to the June parole end date. Also, if CDCR sees that his parole might expire while he is in custody they will usually get an emergency extension. (this might have changed- the best thing for you to do is talk to his attorney)
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