My husband is on parole. All he has done is abide by what they have asked us to do. They stil seem to keep messing with us. Anyway, he had a viloation which was kind of not even something he should have been violated for I won't go into details. Anyway his PO only extended his parole 14 days instead of sending him to jail.In the meantime I guess there was a warrant placed which we were unaware of. Since the agreement to just extend he had seen his PO and they said everything was fine he did everything he was supposed to. He was waiting for a ride to work on the corner and a cop pulled up & said he had a warrant. He arrested him. The parole office has since then lifted the warrant and said they can't do anymore its up to the jail..Its been over 24 hrs the hold still shows & hes still there
HOw long does it usually take for the Jail to lift the hold? The parole office said they got confirmation it had been lifted however it still shows. I was told last night by information that it was lifted but then something different today. His Parole officer flat out told me it was a misake...so hes sitting in Jail over a mistake...how much longer by law do they have? Is there anyway to speed up the process?
Criminal Defense Attorney
If the hold is lifted, they have to release him immediately. Obviously there has been a break down in communication somewhere. When the warrant is lifted, that doesn't mean that an alarm goes off in the jail and everyone is notified of that fact. How frequently the jail revisits holds based on warrants is not something I could tell you. Your best bet would be to politely but persistently keep calling the jail and telling them that the warrant has been lifted and keep calling the parole officer and asking him to contact the jail to tell them the same.
You should keep in mind, though, that even on parole, your husband is still doing time and his rights and freedoms are severely restricted. 24 hrs. of jail, while a huge disruption in your life, is nothing in the minds of the parole officer or the jail staff. So don't be surprised if nobody rushes to your aid. The matter should resolve itself, but it couldn't hurt to keep making polite phone calls. If a couple more days go by and nothing happens, it would be time to consider more drastic alternatives, such as filing a petition for writ of habeas corpus. Good luck to you.
Generally holds are not lifted immediately. Meaning if someone is told there hold will be lifted it takes time for the paperwork to process. However, legally once the hold is lifted the process for releasing an individual should begin. I agree with the other attorney that you should persistently and politely continue to contact the parole officer and/or his/her supervisor.
Criminal Defense Attorney
as long as it takes for the LASD to process him out of county; as soon as the LASD gets the info from the administrative body (here the DOC - parole) that they are not longer holding your husband, and there is no other matter holding him or her - then the LASD should be moving on the release process. County jail is overcrowded and the LASD is overworked as a result; often times it takes 24 hours after LASD receives word that parole has lifted the hold to process the client out (barring no other holds) - If the LASD knows the hold was lifted but its been 3-4 days post receipt of this info, then we may have some negligent government civil rights issues.
Just be patient, he will get out. I am curious however to know how long it took LASD to release him AFTER they got word from parole that he is no longer being held administratively.
Unfortunately, there is not direct answer in terms of time to your question. Hang in there and make your phone calls and do so respectfully. Those is a position of power, I am sure you have noticed, love to exercise that power to the max (power trip) if they don't feel respected.
Warm wishes. -Andrew