What are your options if you violate your parole?

Criminal Defense 3 views 3 answers
My boyfriend was taken into custody because he violated his parole allowing his kids to keep their bb guns at his house. He has a hearing next week but they didn't allow him to bail out? Does he get another trial or simply going to be sentenced again? What are your options when you violate your parole?

Attorney Answers

3
John Kaman ·
He will have a hearing and a court appointed attorney before he can be sent back to prison. It may be that something less extreme can be worked out. A bb gun does not fit the definition of firearm in the Penal Code.
0 upvotes
Sean Brady ·
Mr. Kaman is correct. He is entitled to a hearing and an attorney. And a BB gun does not meet the definition of a "firearm" or any other prohibited item for felons under the Penal Code. If it is truly over the BB guns and there is nothing more suggesting he was using them in crimes, there is no violation that I can see, unless his terms specifically say no BB guns, which I doubt. Any prosecutor who pursues this needs to be taken to task, as does the parole officer or whoever popped him for this. Your boyfriend should consult an attorney. Most offer free consultations. If he cannot afford a private attorney the court will appoint him a public defender to represent him. He is free to contact me for a free consultation of his case via e-mail or phone. Michel & Associates, PC (562) 216-4444 Firearm Attorneys
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Laura Sheppard ·
The other attorneys are right, that what he did might not even be a provable parole violation. But under realignment, even if he is found guilty of the parole violation, he won't go back to prison unless his original felony was serious/violent or sexual. The new sentence for many parole violations is 180 days local custody, served at half. So he would do 90 days in county jail (minus whatever he has already served). For this, he would get an attorney and a hearing (like a trial, but no jury, just a judge) if he wants one. Another option might be that his parole officer is merely doing 10 days flash incarceration, which doesn't allow bail out.
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