Criminal Law Questions? Ask a Criminal Lawyer.
My fiancée is charged in California with a PC 1551 and he is on parole in Texas for burglary of habitat that happened when he was 18 – now he is 24. He was put on probation and failed two drug tests and was sentenced to six years. He served 15 months and has been on parole ever since. He only had 2 years left on parole. We were in California visiting his sister and he was pulled over for speeding. I don’t know if there was already a warrant out of Texas or if they called his parole officer and got one - when they saw he was out of state. Should I get a lawyer in California and one in Texas? When he is brought back to Texas, will his parole be automatically revoked or will he have a parole hearing? How long will it take to extradite him back?
Hello.Yes, eventually he should have a lawyer for both. But if he hasn't received anything from Texas about coming in for a hearing yet, you should focus at this point on getting him a lawyer in California, because Texas won't likely take action on his parole until his case is resolved in California. Once you get a lawyer lined up in California, then you may want to start looking for one in Texas. A lawyer will help minimize the amount of time he may get in both cases and/or can defend him if he wants to contest the charges at either the trial, the revocation hearing, or both.
There are no charges in California. The charge is from Texas he is a fugitive from justice.
He probably doesn't need a lawyer in California unless he is challenging the extradition. Texas will have thirty days to come pick him up. He will get a parole revocation hearing, so he should have a lawyer in Texas for that.The amount of time he may serve depends on how much time he has left to serve on his sentence, how strict the parole board is, etc. If they choose to revoke parole, most of the time they institute the entire balance of the sentence. But a lawyer may be able to help him either contest the revocation, or get a shorter sentence.
He should not fight the extradition, right? The times he serves in California will not be applied toward his sentence? I’m sorry I’m just really confused and everyone is telling me conflicting things.
No problem. Good luck to you.