Legal Question in Civil Rights Law in California

valse parole hold

Hello,

A friend of mine is on parole. He was arrested in Manteca Ca on or about May of 06 for alledged car jacking. On June 17, 2006 all charges were dropped. I contacted his parole officer and was told that my friend is not in violation since he was falsely accused of this crime. To this day my friend is still incarcerated at Duel Vocational Institute in Tracy Ca. He is not being told as to when he will be released or any other information. Myself and his family have made numerous phone calls just to get no where. My question is, is it legal for the prison system to keep my friend incarcerated when his charges were dropped and he is not in violation of his parole? From what I have read on the web he should have been releaseds within 35 days once his charges were dropped. If you can answer this for me I would appriciate it.

Thank you for your time.


Asked on 8/12/06, 5:17 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: valse parole hold

I don't practice criminal law, but it sounds like a public defender should be able to get him released. If not, then a habeas corpus petition might do so.

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Answered on 8/15/06, 7:57 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: False parole hold

As attorney Cohen said, I would contact the public defender in Manteca. Meanwhile, if they held him illegally he may have a lawsuit coming. He should contact a civil lawyer right away as he may only have a very short time to file a claim and then a lawsuit against the state.

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Answered on 8/15/06, 9:44 pm


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