Legal Question in Constitutional Law in California

By the California law how much time can they give a person that was sent back to person for being charged for drinking in public while he was on parole. My fiance was released 4 months about 5 months ago and 2 days later started working, has kept out of trouble, has been clean free of drugs and has always reported when told to by his parole officer. by now she charged him with this charge and sent him back. Does any of these things count on his behalf. He is the one that supports me and now I have to move out of my home cause I have no fiancials coming in. and would me writting to the commisoner help at all and if yes how do I do this?


Asked on 8/18/09, 9:40 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

A parolee who violates the terms of his parole can be sent back to prison to serve out the remainder of his sentence. This can mean anywhere from a few days to many years.

That you will suffer if your fianc� is sent back to prison will matter, but probably not much. In most cases there are third parties who will suffer if the defendant is sent to prison. That does not mean the defendant should be able to escape punishment. If it did, many -- perhaps most -- criminals would have a get out of jail free card. But if the judge feels that this is a close case, the impact on you may help persuade him not to send your fianc� back.

The way to inform the court of these facts is to show up at the hearing and testify. You should also contact your fianc�'s lawyer and see if she wants you to sign a declaration or affidavit attesting to the facts you describe. Do not write directly to the judge.

Read more
Answered on 8/19/09, 12:20 am


Related Questions & Answers

More Constitutional Law questions and answers in California