I was arrested for assault. Officers responding to a call by my girlfriend. said policy was to arrest every suspect accused of DV assault thus having probable cause did arrest me. Though there was no evidence whatsoever that any assault had taken place. as it turned out no criminal charges were ever filed by the DA. however for the same arrest 9 Weeks later I was violated by parole agent who fabricated a report and withheld exculpatory evidence from the original police report. Do I Have A case of malicious prosecution? False arrest? False imprisonment? Due Process?
Probably not. Your parole can be violated for the underlying conduct even if the DA did not file charges.
DUI / DWI Attorney
No. Get an attorney. The PV does not require the DA to file new charges.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
I believe you have/had the option of either accepting the violation or asking for a Morrissey(parole violation) hearing. If you accepted the violation without a Morrissey hearing you have no other remedies, administrative or legal.
On the other hand, if you had a parole violation hearing and lost, you have 90 days after the receipt of the tape-recording of the proceedings or of receiving the notice of decision. The way to do that is by filing a 602. If you lose the 602 you can take a writ of habeas corpus to the court.