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My 34 yr old daughter is on Parole in CA. She’s also a drug…

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My 34 yr old...

My 34 yr old daughter is on Parole in CA. She’s also a drug addict living on the street. She failed to make contact with her Parole Agent. He had an arrest warrant issued for violation. She’s been on Parole since September 2017. My daughter was arrested in county X and subsequently transferred to county Y today. She is now housed in County Y’s jail. Her Parole hearing... violation of CA PC section 3056 is set for Jan 4,2018. I learned that her Parole Agent is going to take her from the jail in 2 days, on Thursday, and bring her to his office. I asked him what the purpose of taking her out of the county jail and bringing her to his office is for. He did not respond. I then asked if a Parole revocation hearing will take place in his office... both questions asked via text... no response to either question. MY QUESTIONS: what is the purpose behind going to the county jail to bring my daughter to his office? Should I have her lawyer show up? FYI... I am in fed law enforcement but know nothing about the state/ county systems. However, because a court hearing... revocation... has been set for 1/4/18... what’s the reason the PO would take custody of my daughter to bring her to his office... AND ... what legal authority permits it in California?

Lawyer's Assistant: Since parole regulations vary, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

I have a lawyer and I have a jd degree... with respect... just need questions answered. If u don’t know it’s ok...just say so... no guilt no worries no hard feelings

Submitted: 6 months ago.Category: Criminal Law
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Answered in 12 hours by:
12/27/2017
Criminal Lawyer: attyadvisor, Attorney replied 6 months ago
attyadvisor
attyadvisor, Attorney
Category: Criminal Law
Satisfied Customers: 8,903
Experience: 30 Years of Criminal Law experience
Verified

Welcome to JA and thank you for your question. It will be my pleasure to assist you.

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Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

I have to admit that I read your question and I a, concerned as well. Who is the Judge in the court hearing?

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Customer reply replied 6 months ago
I’ll look it’s in Riverside County. Superior ct Temecula...don’t know who the judge is... know he was the judge that sent her to prison though. Also learned Parole is not going to violate her but want to let her know she needs to be compliant... however the hearing remains scheduled. If it’s like federal ct... I’m a fed agent... judge typically but not always follows recommendations of Fedl probation... same as state Parole but in fed system... is recommendation in state system followed by judge? Anyway... not clear on ur response...
Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

Thank you for your patience. The site went down for some unknown reason.

I would want to find the Judge that sentenced her to discuss this matter. I am puzzled as to why she was sentenced under State court and you are asking about Federal recommendations?

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Customer reply replied 6 months ago
I’m NOT asking about fedl recommendations. I said that I work in the fedl criminal justice system but DO NOT UNDERSTAND the state county system. What city or county are u in and in what state are u licensed?
Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

I am licensed in several jurisdictions in State and Federal court for 30 years. The State follows the State guidelines.

" I learned that her Parole Agent is going to take her from the jail in 2 days, on Thursday, and bring her to his office. I asked him what the purpose of taking her out of the county jail and bringing her to his office is for."

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Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

I have never heard of this either as she is currently in County Y.

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Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

MY apologies for the confusion. Thank you for the clarification. You are correct to be confused.

She is to remain under the supervision pf the Department of Corrections and not the Parole Officer.

"California Penal Code Section 3056

3056. (a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b) or as provided by subdivision (c) of Section 3000.09. A parolee awaiting a parole revocation hearing may be housed in a county jail while awaiting revocation proceedings. If a parolee is housed in a county jail, he or she shall be housed in the county in which he or she was arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail in that county, in the housing facility with which that county has contracted to house jail inmates. Additionally, except as provided by subdivision (c) of Section 3000.09, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days per revocation. When housed in county facilities, parolees shall be under the sole legal custody and jurisdiction of local county facilities. A parolee shall remain under the sole legal custody and jurisdiction of the local county or local correctional administrator, even if placed in an alternative custody program in lieu of incarceration, including, but not limited to, work furlough and electronic home detention. When a parolee is under the legal custody and jurisdiction of a county facility awaiting parole revocation proceedings or upon revocation, he or she shall not be under the parole supervision or jurisdiction of the department. Unless otherwise serving a period of flash incarceration, whenever a parolee who is subject to this section has been arrested, with or without a warrant or the filing of a petition for revocation with the court, the court may order the release of the parolee from custody under any terms and conditions the court deems appropriate. When released from the county facility or county alternative custody program following a period of custody for revocation of parole or because no violation of parole is found, the parolee shall be returned to the parole supervision of the department for the duration of parole.

(b) Inmates paroled pursuant to Section 3000.1 may be returned to prison following the revocation of parole by the Board of Parole Hearings until July 1, 2013, and thereafter by a court pursuant to Section 3000.08.

(c) A parolee who is subject to subdivision (a) but who is under 18 years of age may be housed in a facility of the Division of Juvenile Facilities.

(Amended by Stats. 2015, Ch. 61, Sec. 3. Effective January 1, 2016.)

http://law.onecle.com/california/penal/3056.html

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Customer reply replied 6 months ago
Thx... I read and understand the statute before I went to this site. I was just trying to get the answer to the following question which unfortunately it looks like u are unable to answer. The question was... what is the purpose of a California Parole Agent taking a parolee out of the custody of a county jail and bringing the prisoner to his office if a parole revocation hearing is scheduled/calendared in several days?
Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

There is not a purpose.

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Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

I have been trying to tell you that this is irregular and not permitted under State law.

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Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

https://www.shouselaw.com/paroleviolation.html

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Criminal Lawyer: attyadvisor, Attorney replied 6 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Customer reply replied 6 months ago
Thank you
Criminal Lawyer: attyadvisor, Attorney replied 6 months ago
You are most welcome.
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