Legal Question in Criminal Law in California

Parole

In my current book-in-progress, the hero was (wrongfully, of course) convicted of murder. 1) Can he be paroled after 10 years? 2) How long would he be on probation? Five years? Two years? 3) Would fist fight in public be grounds for revoking parole? 4) He lives on isolated ranch with his wife. Can she have guns on the propery? 5) For what agency do parole officers work?


Asked on 8/23/04, 12:58 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Parole

1) In California, 2nd degree murder is 15 years to life, 1st degree murder is 25 to life (or life without parole or death if there are special circumstances), and as of 2000 the defendants must serve the full 15 or 25 years before being possibly eligible for parole (PC 190). If sentenced before 2000 there are a number of prior laws and it is too difficult to enumerate every possible circumstance. So it is not implausible that a murder defendant in CA could today be paroled after 10 years. 2) Paroles for murder are generally for life. 3) Yes. 4) Not if she wants him not to violate his parole. 5) The California Department of Corrections (CDC). P.S. Your hero could also be convicted of manslaughter (see PC 192) in which case shorter sentences/periods of parole would be plausible.

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Answered on 8/23/04, 10:11 pm


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