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California Parole, Probation & Release All information & questions relating to parole, probation or release in California should be posted here.

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Old 08-25-2019, 07:16 PM
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Unhappy Parole Violation... what is my loved one looking at next?

Loved one was out 1 year 6months. Unfortunately today was charged with

PC245(A)(1) FORCE/ADW NOT FIREARM:GBI

Towards his dad. Not sure whatís happening next very concerned and need any advice or answers on what heís looking at?
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Old 08-25-2019, 07:57 PM
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I don't know if it is the same everywhere. My man told me he once violated and had a parole violation hearing and ended up serving the rest of time left on his sentence.

I hope things aren't too bad for him and yourself.
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Old 08-25-2019, 07:58 PM
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Originally Posted by Peacefinder View Post
I don't know if it is the same everywhere. My man told me he once violated and had a parole violation hearing and ended up serving the rest of time left on his sentence.

I hope things aren't too bad for him and yourself.

Thank you for your response. Iím hoping it isnít bad either just the situation that happened does not make sense.
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Old 08-26-2019, 07:39 AM
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He is probably looking at two different problems, the parole violation and the disposition of the new charges. The possibilities go from good, to awful, but you will have to wait to see how they play out.
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Old 08-26-2019, 08:55 AM
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You can check this link
https://leginfo.legislature.ca.gov/f...sectionNum=245.


I guess it depends on if they consider it a felony, or mis.
Add in a parole violation.......that part I dont know.
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Old 08-26-2019, 11:19 AM
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Quote:
Originally Posted by xoxness View Post
Loved one was out 1 year 6months. Unfortunately today was charged with

PC245(A)(1) FORCE/ADW NOT FIREARM:GBI

Towards his dad. Not sure whatís happening next very concerned and need any advice or answers on what heís looking at?

He will not be bailing out of jail . He is booked in to jail on the charges, with a parole hold. After reading up on his new charge. He is looking at two, three, or four years, or county jail for not exceeding one year,
Lets low term him just for conversation. looking at two years . while he is in county they will due what is called a violation screening. They will determine that he will return to prison with a new term. When he gets out from this new term he will still have parole from his new conviction plus more then likely no contact order against him for his father .
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Old 08-26-2019, 12:28 PM
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I'm not entirely sure of the scenario, so let me walk you through what's going to happen in general.



First off, I guarantee that right now he's on a 10 day flash hold for Parole. Regardless of anything else. He will not be bailable during those 10 days for sure and probably beyond that.


Before we even worry about the new criminal charges, right now his parole time's on hold. He doesn't get credit for any days of parole while he's in lockup unless they determine that there was no reason to arrest him and reinstate the time. A lot of that is going to depend on what the story is on the arrest. Given that he's facing a new felony, odds are good that before they even get into any criminal proceedings in too much depth, he's going to get jail time. The max, last I checked, that he can get for a parole violation in and of itself is 180 days. Given the severity of the charge, expect him to get that 180 days and expect him to have to serve ALL of it. The parole system time credits have nothing to do with the regular time credits. He'll serve one day and get credit for only that day. No behavior, no milestones, none of that.


Then there's a bigger issue: he's facing a 245. That's assault with a deadly weapon (based on the brief description you provided I believe it means "no firearm but likely to cause great bodily injury.)


Here is some general information about that charge by a page that I think explains it well: http://www.criminaldefense909.com/As...c-240-245.html


Some key points from that literature:



It does not matter if the defendant actually succeeded in injuring the other person. The act of trying to injure to another person is sufficient for assault charges.

"Assault with means likely to produce great bodily injury (GBI) is charged where the defendant uses intentional force against against person that is reasonably likely to severely harm that other person. For example, pushing someone down a flight of stairs (PC 245(a)(4). Likely to produce great bodily injury means that if the defendant's attempt to harm another person was actually successful than more than ordinary harm would have occurred."


"Assault charges of PC 245(a)(1), PC 245(a)(2), and PC 245(a)(3), are considered serious crimes as defined under California's Three Strikes Sentencing Law. Therefore, these assault crimes are considered strike offenses. PC 245(a)(4) assault by force likely to produce GBI is not a strike offense."


Depending on exactly HOW the District Attorney opts to charge the crime, it might be considered a strike. (Actually kind of surprised that a-4 is not because generally GBI in and of itself creates a situation where a felony automatically becomes a strike.)


While he has any hold from parole of any duration, he is not bailable. He's also looking at more prison time.


On that charge, he'll first be arraigned (that'll come in the next few days) and there will be some form of pre-preliminary hearing to go over points of law and for a judge to determine if both sides are ready (or should be ready) for a preliminary hearing. The preliminary hearing might not occur right away, but eventually one will be set. From there it's normal process, and by that point whatever parole is going to do as far as a hold will probably have been set. If he clears the parole hold there may be a bail option available at that time, but honestly, given that he's not even two years out of prison and could be facing a strike charge and some time because of that, it's probably best that he just serve the time. If someone else wants to bail him out, that's on them. Please don't make him your responsibility. I regret the money I poured out on bail every day at this phase of my life. That's a ton of money I could have saved, spent on my kids, put toward a house...anything but that farce.



I don't know the situation, but if you have a reason to think he is guilty, I'd consider cutting my losses entirely at this point. You've fought the good fight, Ness. Same as I did. At some point it's time for us to move on to the sort of love we deserve instead of the sort of love that drains us (because that sort of love isn't really love at all.)


-Eric
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Old 08-26-2019, 12:43 PM
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Quote:
Originally Posted by Peacefinder View Post
I don't know if it is the same everywhere. My man told me he once violated and had a parole violation hearing and ended up serving the rest of time left on his sentence.

I hope things aren't too bad for him and yourself.

Under AB 109, California has a unique situation when it comes to parole violators where, unless they are on some form of lifer parole or have a sex offense registry requirement, there is a max term they can serve on a violation (180 days, I believe, is the current max) and that time is served in County Jail, not State Prison.


I just want to point this out because a lot of people from out of California try to comment on California parole issues with good intentions and no idea about how different our system works here, and I want to provide some clarity.



-Eric
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