Notice to new members intending to register - August 2013

Cortnie · #1 04-14-2013, 07:47 PM

My boyfriend is on County supervision and was arrested with a "10 day flash arrest" for his address (his po is saying he moved out of the county, but he didn't) on April 10th. Anyways, he's appealed his arrest, because like I said, he didn't move. They told him on the 10th, which was Weds, that someone would come see him about his appeal by Friday the 12th. Well, it is now coming up on Monday the 15th and he still hasn't heard anything. Does anyone know anything about this, or give me more information?!?!?!? If he was told someone would come to him about his appeal and no one did, does he automatically win? (Unlikely, I know)

He will be out this coming Friday, but the reason I'm asking is because we don't want his probation (parole.. whatever it is...) to start all over because he was arrested again. If he wins his appeal, shouldn't his probation just continue where it left off?

**sidewalker** · #2 04-15-2013, 11:58 AM

its so so confusing.
My hub was also put in county jail after being *violated* for a rule/condition breakage.
He spent 10 days in county and all of a sudden on the 10th day, they just let him out.
No violation
No time added on to the back of his parole
just a time out for 10 days.

Since if its as you say, he didnt do anything, its likely just a *check*
Just something to make you worry.

we are tired of it.
Im guessing you are as well.
keep us updated. I'd love to hear what happened. MY hubs PO keeps threatening to *put him back in*
we are at the point.......oh well

Cortnie · #3 04-15-2013, 05:23 PM

This is the first time this has happened. He's been doing so good and his last visit to his po should be next month. I'm HOPING they just make it a "time out" like you said, and don't add more time on to his parole. I will let you know what happens.

I'm thinking about calling a po office and asking them. Not specifically about him... just a "in general" type question. Good idea?

Quote:

Originally Posted by sidewalker

its so so confusing.
My hub was also put in county jail after being *violated* for a rule/condition breakage.
He spent 10 days in county and all of a sudden on the 10th day, they just let him out.
No violation
No time added on to the back of his parole
just a time out for 10 days.

Since if its as you say, he didnt do anything, its likely just a *check*
Just something to make you worry.

we are tired of it.
Im guessing you are as well.
keep us updated. I'd love to hear what happened. MY hubs PO keeps threatening to *put him back in*
we are at the point.......oh well

Cortnie · #4 04-15-2013, 05:36 PM

Ok.. I just called the probation office and they said there is no appealing a 10 day flash. Once he's released, he'll have another year of probation. But what doesn't make sense to me, is he wasn't even on probation for a year this time. He only got 6 months probation....

I'm so confused!!!

**sidewalker** · #5 04-16-2013, 09:29 AM

UG.
one would think he would have to go before someone no?
So they are judge jury and such?
I dont get it either.
But my hub is on parole not probation. It might be different.

edit part, Im going to move this whole thread to parole/probation for CA. More helpful responses may be forthcoming.

2sleepy · #6 04-16-2013, 11:22 PM

Quote:

Originally Posted by Cortnie

My boyfriend is on County supervision and was arrested with a "10 day flash arrest" for his address (his po is saying he moved out of the county, but he didn't) on April 10th. Anyways, he's appealed his arrest, because like I said, he didn't move. They told him on the 10th, which was Weds, that someone would come see him about his appeal by Friday the 12th. Well, it is now coming up on Monday the 15th and he still hasn't heard anything. Does anyone know anything about this, or give me more information?!?!?!? If he was told someone would come to him about his appeal and no one did, does he automatically win? (Unlikely, I know)

He will be out this coming Friday, but the reason I'm asking is because we don't want his probation (parole.. whatever it is...) to start all over because he was arrested again. If he wins his appeal, shouldn't his probation just continue where it left off?

In the first place, PRCS is not for 6 months, it is for 3 years with the possibility of discharge as early as 6 months, and discharge is automatic after 12 months with no violations. If you are violated (and it looks like they call a flash arrest a violation) you have to do at least another 6 months before consideration for discharge. I am not 100% sure but I don't think they add any time served on violations to the PRCS discharge date.

2sleepy · #7 04-16-2013, 11:29 PM

I just found this case from 2012 http://appellatecases.courtinfo.ca.g...doc_no=S201150 It was an appeal to the California Supreme Court from Public Defenders who were arguing that no appeal to people on PRCS for flash incarceration was a denial of due process, the court refused to review it .

4ever love · #8 04-17-2013, 10:55 AM

He was arrested for a PV and by the time he has his meeting, they'll release him. There's nothing to appeal. He's not being revoked.

Before you know it, he'll be out. His time ticks while he's in there, and there has never been any guarantee that one gets released from probation in 6 months.

JubileeJones · #9 01-23-2014, 05:13 PM

The reason it's not an appealable issue, as best I understand, is because they've pre-waived their right to appeal. California Penal Code 3453(q) states "The person shall waive any right to a court hearing prior to
the imposition of a period of 'flash incarceration' in a city or
county jail of not more than 10 consecutive days for any violation of
his or her postrelease supervision conditions."

I am not a lawyer, this is not legal advice, just my understanding of how PRCS was implemented.