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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113493
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I'm sorry to bother you but I'm going crazy trying to figure

Customer Question

I'm sorry to bother you but I'm going crazy trying to figure this out..okay my boyfriend got sentenced to two years lower level prison term with half time and 130 days credit.he got to sierra fire camp in beggining of June..I think he was supposed to be released in like October or somewhere around then ,but I guess he has a warrant in Fresno for violating his probation so then his new date was dec4th which is exactly half of his time..so he wasn't getting his good credit because of the warrant..so anyways he filed a 1381 I think that's what it's called and it came back clear no warrants .so I'm hoping he gets released early again but my point is even though it says he's clear in their ,when I look up his case it shows a warrant issued do u know why its different than what they r telling him and if it is clear does that mean they can't pick him up anymore when he's released from fire camp and whwn do u think his outdate should be around ..in so sorry if I'm confusing I'm just trying to understand all of this also .thanks so much for ur time
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that when someone is incarcerated, if there is a probation violation the warrant issues is an administrative warrant and is a hold on release. It would not appear typically in a normal warrant check but it will appear in the court record. The warrant is a notice to any penal institution that when his time is up with that current charge, that probation and parole has a hold on him and he is to be turned over to the other jurisdiction for the probation violation. The probation violation is a separate sentencing and is not generally run at the same time as any other sentences. This is why the regular warrant check comes up clear, but the court is showing the probation warrant hold.

It means that when he is ready to be released he has to be turned over to Fresno for the probation violation, he is not clear on the probation violation I am afraid.