Legal Question in Criminal Law in California

parole

if a person is on parole for possession with intent to sale (received 2 years with half time and served 10 months of a 16 month sentence) and fails to show up for a meeting with thier probation officer and a warrant is issued for their arrest what is the maximum punishment that can be given? is it true that they cannot be sent back to sate prison without a new offense? is upstanding considered a new offense?


Asked on 5/24/04, 3:47 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: parole

If you fail to comply with the terms of your probation, you can be re-sentenced for the original crime. That could expose you to the maximum punishment for that crime. It's rare (but not unheard of) for a probation violation to subject one to such harsh consequences.

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Answered on 5/24/04, 3:57 pm
George Woodworth Law Office of George Woodworth & Associates

Re: Violation of Parole

Hello---Thank you for your question. The answer depends on what specific terms and conditions of Parole that must be completed. For example, if one is ordered to do a drug test every 10 days, and then a test is missed, then this would be a violation of Parole, etc. with not reporting to the Parole Offcr. as ordered, as a separate violation. The Rule is that for EACH violation, a parolee can receive one year in State Prison, and no new criminal offense is needed. If you'd like more info, email me, or call: (562) 929-7422. Thanks, George

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Answered on 5/24/04, 5:31 pm


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