Legal Question in Criminal Law in California
if found
if a person is sent to pre trial for two years,then found ''not guilty'' when they finally go to trial...Are they to be put on parol?? If so,why??
Tried for murder-
about a year ago, a young man by the name of jeremy fender was triad for murder. It was all over the local bakersfield news. The victim was a local girl named tina blunt. After sitting almost 2 years in pretrial, jeremy fender and family believed that his first year incarcerated he would be sentenced to death, if convicted. During the second year it was reduced to life without the possibility of parol.The day of his trial it took the jury 12 minutes to find him not guilty.Why and how is it possible he be put on parol??
2 Answers from Attorneys
Re: if found
A defendant who is acquitted of all charges cannot be placed on parol (or, more properly, probation). Perhaps this man was charged with more than just murder. That way, if he was found not guilty of murder but convicted of one of the other charges against him, he could be sentenced on that charge. Another possibility is that he had a prior conviction from a different case and is on parol from that conviction.
Re: if found
I did a quick search on google and found that he had a previous drug charge that after the not guilty verdict he had a probation violation hearing. If the drug charge were a felony he could have been found in violation of the drug case probation and be given a prison sentence. If the time he spent in custody awaiting the murder trial used up all the time he could have spent if he would have been sent to prison then he would be on parole following a prison commitment that had been served. The newspaper articles don't indicate that he was convicted of anything related to the Tina Blunt case.
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