Legal Question in Criminal Law in California

fight, one person on parol

A person on parol has gotten into a fight were it was unlawful assault. He is locked up for about 2months know and he has not been charged with anything. No one has told him nothing he is just sitting there wondering what is going on. Can you be held for a period of time if not commited of anything?


Asked on 2/03/02, 10:55 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: fight, one person on parol

Generally, no. Are you sure no charges were filed? Normally, a person must be brought to court for the filing of charges within 48 hours of being arrested, or the next court date if the expiration of 48 hours falls on a weekend or holiday. If the case is in another state, there is another procedure, but the defendant still has to be brought before a magistrate or judge within 48 hours.

If there is a bail hold due to the parole, then he will not be released until this situation is resolved.

Best of luck.

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Answered on 2/04/02, 2:21 pm
Joseph Low IV Joseph Hawkins Low IV & Associates

Re: fight, one person on parol

In order to lock the person back up there should have been a hearing in order to determine that he violated his parole.

That probably happened. They can put him back into prison if he violates the condition of his parole without charging him with a new crime. However, he should have still received a hearing.

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Answered on 2/04/02, 7:05 pm


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