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annakee · May 7, 2007, 06:33 AM

My son has served 5 1/2 months of a 12 moth sentence (2/3 of time served is 8 months) and was released on CWP (CA work program) to serve the remaining time of 75 days.
He was taken in for a “probation violation”.
He has 17 days left of his original sentence.

How much time will he have to serve?

The probation violation is a DUI; he took a blood test as he was not drunk.
He has not been charged and only has a booking #, yet his PO cuffed him.
The blood test results have not come back, and yet he has been locked up.

What happened to the rule “presumed innocent before proven guilty”

Thank you

Emland · May 7, 2007, 06:40 AM

Originally Posted by annakee

What happened to the rule “presumed innocent before proven guilty”

I think he was already found guilty and was let out early and told not to get into any trouble or go back.

excon · May 7, 2007, 06:57 AM

Hello ann:

A couple things. Em is right about the conviction. It's true, he has to be tried on the DUI in order to be found guilty of THAT. However, he's in jail on a probation violation, not DUI. He has a few more rights than a prisoner does, but way less rights than a free person does. He'll have a violation hearing in front of a judge. But, he doesn't have to be drunk to be violated. He can't drink at ALL.

Given the numbers you presented, I can't tell how much time he could do. Let's start over. The difference between parole and probation is the following: Parole is doing your time on the street. Probation is IN LEIU of doing time. There's a significant difference. If a parole is violated in the LAST week, a week is all that he can be made to serve. However, with probation, the sentence isn't running. If a probation is violated in the last week, the ENTIRE sentence can be imposed.

In your sons case, it looks like he can be made to serve the entire year, less what he's already served. If he's earned good time, he should retain it, but his time on the street doesn't count.

excon

Fr_Chuck · May 7, 2007, 07:37 AM

Yes excon is completely correct, a person on parole or probation does not have the same rights as a person who is not. Just merely getting arrested or tickted for something else is enough to violate his probation.

They will be held until a hearing on his probation. At that hearing they will decide to send them to jail, or to change the terms of the probation, or just let the probation continue.

annakee · May 7, 2007, 07:57 AM

How do I find out when he was released on CWP (California work release program) if he was on Parole or Probation.

With the time served and on CWP he has 17 days left. His sentence was for 12 months 2/3of to be served (went in 9/1/07 and release date 5/1/07, CWP program date 2/15/07 finish CWP 6/1/07).

How do I find out what this will do.

All he was doing was picking up his drunk friend from a bar. He had had 2 drinks during the evening.

Thank you

excon · May 7, 2007, 08:14 AM

Originally Posted by annakee

He had had 2 drinks during the evening.

Hello again, ann:

Look, you don't have to convince me. I think he should be allowed to get loaded all day long. It's the judge he has to convince. As I mentioned before, he's not allowed to drink AT ALL. Therefore, I think he'll be violated.

You wonder whether participation in the work release program is parole or probation. I don't know. Maybe neither. He could still be doing his time and was supervised by the jail work release people. Or, he could have been on probation WHILE he was on work release. Every state and county works it differently. There is no "is".

Probation is part of the sentence, so it will be part of the court records. Those records are public information and you can see them at the courthouse. Work release MAY be part of the sentence, or it may just be a jail program. The best way to find out, is to ask him.

If what you're tying to do is figure out how much time he's going to remain in the slam, I think you'll just have to wait.

excon

Fr_Chuck · May 7, 2007, 08:30 AM

Part of it is, if he was on parole, he has a parole officer not a probation officer, and if he is picked up on a parole violation, normally they go to a state detention center, on probation held in the county jail.
But in the end your son would know what he is on, since he would have been told.

But in either case, he will sit where he is tillthere is a court hearing, around here expect that to be 30 to 60 days just to have the hearing. But maybe your area is faster.