my fiancee is charged in california with a pc 1551 and he is on parole in texas, 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?
california and texas. my fiancee is on parole for burglary of habitat that happened when he was 18, now 24 next week, he was put on probation and he failed two drug tests an was sentenced to 6 years, he served 15 month and has been on parole ever since he only has 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 wass already a warrant out of texas or if they called his parole officer and got one when they saw he was out of state. do i need to get him a lawyer in both texas and califrnia? will he have a parole hearing upon return to texas? how long will it take to extradite him back? how long will he serve if they revoke his parole?
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.
but there are no charges in california. the charge is from texas he is a fugitive from justice.
Sorry about that...your additional information came up after I had already posted.
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 time he serves in california will not be applied toward his sentence? Im sorry im just really confused and everyone is telling me conflicting things.
It is up to him if he wants to fight the extradition, but usually the extradition will happen whether he fights it or not. And if he is only in jail on the arrest warrant from Texas, then he should get credit for time served, if that is the only thing that is holding him. A lawyer will be able to argue to have that credit applied if his parole is revoked.
No problem. If you could click Accept so I get credit for my answer, I'd appreciate it. Good luck to you.
8 years legal experience, primarily in criminal justice
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