Legal Question in Criminal Law in California

Parole Violation

Daughter was released from Parole in August, 2005, at that same time she lost her job & apartment; (apartment was provided by state funded drug rehap program)however, she paid rent according to income. She subsequrently moved in with an elderly couple to give Elder care, for her room and board. During past year she claimed unemployment, she has a minor daughter whom her mother has custody of. Child support payments were taken out of her unemployment checks and sent to Grandmother through Placer county. Sacramento County violated her Parole saying she did not attend a court hearing for her final release, however she was not informed of this hearing or her need to be there. Parole officer says hes sending her to Southern California because she ran away from Parole and no one knew where she was, If Placer County could collect child support and knew where she was (obviously she wasn't hiding)how can sacramento county violate her parole they have same access to her records if they needed to advise her of a court hearing date.

How do I get her out of County Jail and get this ''Violation of Parole'' dropped.

thank you


Asked on 9/22/06, 1:12 pm

2 Answers from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: Parole Violation

The theory that her PO was working off was that she failed to report a change of address to the PO, a violation of her terms of release. When parole imposes a duty upon a parolee it is incumbebent upon the parolee to comply. A parolee is not entitled by law to rely on the PO finding out information from some other source if the parolee was required to provide the information herself. If your daughter can show she did report the change of address and also report to the PO regularly, if required, she can prevail under the factual scenario you provided. Feel free to contact me to discuss the case further.

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Answered on 9/22/06, 1:24 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Parole Violation

Neither the county nor the court is required to track down a parolee every time there's going to be a hearing. Parolees are required to keep the court and their parole officers informed of any change of address, and one of the reasons for this requirement is to make sure that official notices reach them in a timely manner.

A notice of the hearing was almost certainly sent to your daughter at her last reported address. Since you do not claim that she reported her change of address, I presume that she did not. That the address on file turned out to be inaccurate is thus her fault and no one else's.

It may be possible to get your daughter out of this problem without serious consequences, but your daughter will need the help of an attorney in order to maximize her chances.

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Answered on 9/22/06, 2:06 pm


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