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What is the maximum time someone can do on a parole violation currently? And will that parolee do the time in jail or prison?

Los Angeles, CA |

My bf has a parole hold and they want to violate him for not reporting

he just got out of prison this past December.

Attorney Answers 4

Posted

Depends on what his charge is. The maximum is whatever the upper term is for the sentence plus special allegations (if any) that he is currently on parole for. Without specifics, no one can say.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 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. Feasel to further investigate your situation, feel free to contact him thru this site.

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Posted

What happens in practice and what is reflect in the penal code is in conflict from my experience. The rule is that a parolee can do a year max on a parole violation concurrent as a matter of law to any other sentence; can be served in any penal institution usually.

Now, PC 3000.08(g) has changed things a bit in practice and legally will do so effective July 1, 2013. PC 3000.08(g) [as part of the realignment scheme, the core of which is found in PC 1170(h)] tells us that parolees can do 180 days in county jail MAX on a parole violation. With the new conduct credit law, this would mean your bf can do max 90 actual days [180 at half]. In practice, parole has been adhering to PC 3000.08(g) with my criminal case clients on parole [with parole holds], but legally this new beauty statute does not apply to your boyfriend because he in theory would get the benefit of 90 actual max if he was released from prison on or after July 1, 2013. So he legally should still be subject to one year concurrent max. But, don't be surprised if he is violated and the boar wants to max him out, that he gets 180 at half in county. So, this is just my opinion and what I have noticed in practice even though the new law expressly states that it is not triggered until 7-1-13.

So, your bf will be ok; LASD likes to kick people out much sooner than 90 actual on a 180 [or 1 year at worst] day admin punishment. If he goes back to prison, then we may not get the early county release overcrowding benefits. I expect him, if violated, to do local time 90 actual max, is my best guess based on my experience with these new legal changes and applications in practice.

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1 lawyer agrees

29 comments

Chris J Feasel

Chris J Feasel

Posted

Given the fact that you don't know what he's charged with, that's a great bit of prophetizing there Carnac. BTW - we're still in 2012. Just FYI

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

I think the reason why parole adheres to 3000.08(g) 180 county jail max is because the law is operative, meaning on the books, even though it is not "effective" until 7-1-13. Also, REMEMBER, that parole violations are concurrent to any other sentence as a matter of law pursuant to People v. Mathews 102 Cal.App.3d 704, 162 Cal.Rptr. 615 Cal.App., 1980. So, if he gets sentenced on a new criminal case to more than one year in some penal institution, then a parole violation will NOT add any additional time to his plus one year sentence for picking up that new felony conviction [assuming your bf is held on a new case and held with parole].

Chris J Feasel

Chris J Feasel

Posted

Your analysis fails again because you don't know for what he is serving.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

Ignore Mr. Feasel's comments; he does not know the law in terms of parole violations or really criminal defense law at all --- he is a former prosecutor for several years so don't hold it against him for being wrong once again. A parole violation punishment in it of itself has NOTHING to do with the max upper term on a NEW case. Mr. Feasel seems to think that your bf picked up a new case even though you specifically told us that parole wants to violate him for absconding. Now, a new case may influence parole to give him that 1 yr max or 180 jail max but its CONCURRENT as a matter of law under Mathews supra, so his max on a parole violation is a separate question from his on a new criminal case. Weasel, Asker never said he was charged with anything anyways. Stop attacking me for doing my homework.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

meant to say "from his *MAX* on a new criminal case" in my last sentence in the first paragraph.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

Weasel, give me your law that tells me I am wrong and then I you can call me whatever you want. I will promise to never call you Weasel again. I don't know why you feel compelled to compete with me. I am merely trying to help the Asker; if my opinion and analysis is wrong, please provide legal support for it and don't give your typical, speculative, conclusory retorts (for no reason mind you other than to fill that insecure nature of yours).

Chris J Feasel

Chris J Feasel

Posted

Last time I checked, parole was maxed at 4 years. But that is not what she is asking. She asked what the max is on a parole violation is for the case for which he is currently on parole is. And that would be...wait for it...the max on the sentence. Since you don't know what the sentence is, you have no info to base your answer on. And the fact that I was a former prosecutor just makes me more qualified than you to answer this question, since I tried to get people in prison for the max many times during my career, so, thus, I know exactly what I'm talking about.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

I am happy to admit/concede I am wrong if you can show me how and why. I may learn something from you, though I seriously doubt it.

Chris J Feasel

Chris J Feasel

Posted

Mr. Leventhal, your youthful exhuberence is commendable, but again your lack of experience betrays you. I believe I posted before about you speaking out without the permission of the PD. You are a public servant, and thus you are NOT allowed to give advise, unless you are in a position to take private clients, which I believe you are not. You should remember this.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

No she asked "What is the maximum time someone can do on a parole violation currently? And will that parolee do the time in jail or prison?" Then she told us that parole wants to violate him for absconding. Weasel, even if you interpreted her clear question correctly, again, you are wrong, the max on a parole violation is 1 year or 180 CJ if parole in practices adheres to PC 3000.08(g). A parole violation is NOT A SENTENCE weasel - it is an administrative punishment which is parole violations are concurrent as a matter of law to any SENTENCE ON A CONVICTION. Read Mathews weasel

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

yes you tried to max people out on FELONY CASES, not parole violations - DA or prosecutors do not push parole violations - the DOC does man, you should know this weasel. wow.

Chris J Feasel

Chris J Feasel

Posted

Wow. I haven't heard that since...kindergarten. Appears you are stuck there. Since you still have no info as to what the charges are, you can't say anyways. The point I have been making. Grow up kid.

Chris J Feasel

Chris J Feasel

Posted

Sigh

Chris J Feasel

Chris J Feasel

Posted

You do realize these comment are written in stone here? Right? Screenshot?

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

Mr. Feasel, can we please not attack each other anymore? Or, can you please refrain from attacking me? Again, I just want to help the Askers here; I do not need to agree to disagree with you. Pointless.

Chris J Feasel

Chris J Feasel

Posted

I am here to 1) help people given my background and experience and 2) learn from my more learned collegues. If you wish to contribute or collaborate, I would welcome the gesture.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

thank you, i would Chris.

Chris J Feasel

Chris J Feasel

Posted

Same here. As you note I am new to the defense side, but I have a wealth of experience, as Im sure you do...so we all must collaborate to see justice done.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

thanks Chris. I am glad we are on the same page. I do appreciate your work as a prosecutor; I do note that you have a bunch of experience trying to secure justice and I respect your previous role as a prosecutor and also now as a defense lawyer. Also, I really, honestly, do not and never wanted to engage in a retort fest with you. Even though it may appear otherwise. So, Chris, let's help, not hurt each other as you said. I appreciate your words. We can hug it out now.

Chris J Feasel

Chris J Feasel

Posted

Hug it out as they say.

Chris J Feasel

Chris J Feasel

Posted

Now on to business

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

I hope you can teach me things. And, I hope that I MAY be able to do the same for you even though I am 4 years in.

Chris J Feasel

Chris J Feasel

Posted

Question for ya - I know LA DA was doing their own thing re: CDAA - is the LA PD the same way?

Chris J Feasel

Chris J Feasel

Posted

Public defender, not Police...sure you caught that though

Chris J Feasel

Chris J Feasel

Posted

And its re: training

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

of course, I am totally honored, seriouslty Chris, that you would ask me this question given the fact that you undoubtedly have practiced longer than me. If you can tell me what the acronym "CDDA" means, then maybe I can answer. I am sorry, I have heard that acronym in different contexts like chemical dependency or RICO style matters.

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

please still tell me what "CDDA" stands for Chris, thanks

Andrew Blair Leventhal

Andrew Blair Leventhal

Posted

Sorry, I meant CDAA - which I think you mean the California District Attorneys Association? And if that's the case, yes, the LA pd's office does their own thing internally re: training, but of course we are welcome to join the CPDA

Chris J Feasel

Chris J Feasel

Posted

Ok yes that's what I meant. Thx

Posted

As the other answers tend to indicate, sentencng in California, including parole violations is in some degree of change. There are a number of potential possibilities. Some may or may not be available at this minute. If the only problem is a failure to report and no new crimes, I think BPT will decide on an offer and he coul get days to a year., at least under the old system and assuming the new one does not pertain to him. At this point, you might get your best answer from his PO.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

Under the new "realignment" law which began in October 2011 the answer is:

If his crime was "serious," "violent," or if he is a registered sex offender, then the parole violation will be served in prison. If not, then it will be served in county jail.

The maximum for a parole violation if served in prison is 1 year.
The new maximum for county jail parole violators is 180 days.

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