How long does someone have to stay in jail after the judge ruled that parole violation is served? 5 Answers as of January 07, 2012

In CA, if someone is arrested for outstanding traffic tickets and parole violation but the judge dismissed tickets, and ruled parole violation as time served; how long does that person have to stay in jail? The actual assigned parole officer is on vacation for another 7 days, but the officer of the day openly admitted that they were letting the parolee sit in jail because they didn't feel like going to get the parolee out. The officer said that maybe it would teach the parolee a lesson, but they could have went to have them released at that very moment. There are other details of the phone call with the officer that I felt were extremely unnecessary, personal and offensive. Is there anything to do or say to have them hurry and release the parolee without all of this jumping through hurdles of speaking with a supervisor? It seems a bit ridiculous personally. There is a hold on the parolee that can be released by the officer as well but there really tends to be no reason that they are still sitting in jail. Is there anything that can be done or said to get them to move their feet? How long can they really hold the parolee in jail? I know they have a certain amount of days that they have to get them out. So far, they have been in jail for 12 days.

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Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Get his lawyer to get the case put on calendar immediately. If the judge believes you he could cite this guy for contempt. At least when he hears it is going back to court he will get that guy out of jail IMMEDIATELY.
Answer Applies to: California
Replied: 1/7/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
If the sentence was 'time served' then the defendant has no more time to serve.
Answer Applies to: California
Replied: 1/6/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Normally one can serve up to 1 year per parole violation. However there are some violations that do not call for a return to prison. It depends on the crime for which he is on parole and the reason for the violation, neither of which you mention.
Answer Applies to: California
Replied: 1/6/2012
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
There are specific rights in terms of when parole hearings, conducted by parole board, must be held. Many parolees waive these rights to handle their underlying cases. Once they do this it is more difficult to get them back on track. Essentially, the parolee must request these hearings again. Once the hearings are held, the administrative judge decides if parole has been violated and if so, what the punishment should be - up to 1 year. But these rules have changed drastically under the realignment laws that went into effect last October. I would Suggest you/he get a criminal defense attorney familiar with parole law and proceedings.
Answer Applies to: California
Replied: 1/6/2012
Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
I'm guessing you misheard what the judge said. If you are on a parole hold based on a new local offense that is dismissed, the parole hold remains until parole takes some action. I am sorry if your parole agent has been out of town, but this time will count toward and violation time you might end up doing. Just because the DA or Judge dismisses a case does not mean that the violation goes away. And, the Judge does not have the authority to declare the violation time 'served.'
Answer Applies to: California
Replied: 1/5/2012
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