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When will my boyfriend REALLY be home? Prison, Jail

Discussion in 'Probation, Parole, Incarceration' started by Specialk, Aug 15, 2014.

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  1. Specialk

    Specialk Law Topic Starter New Member

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    My boyfriend was arrested in April for arson. All charges were dropped, even the DA. He was however violated on his probation for not reporting the month prior to his arrest. The judge sentenced him to 3 years in county. (LA county) His paid attorney swore up and down and my boyfriend would be home in 45-60 days from his court date (early June). It's been well over 60 days now, and my boyfriend thinks his attorney was completely misled and wrong about what he said. How is time calculated when doing a probation violation? His PRD is May of next year, which doesn't sound good. Can someone please tell me when my man will most likely be home? Thank you
     
  2. army judge

    army judge Super Moderator

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    I'm guessing, but based upon what you said, May of 2015 (or later); if he's caught another charge!!

    If he was revoked and given three years, perhaps it'll be May of 2017?
     
  3. disagreeable

    disagreeable Well-Known Member

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    When revoked, the court has the option of making you complete the sentence in jail. His attorney does not have the final say on that.
     
  4. Specialk

    Specialk Law Topic Starter New Member

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    hmmmm...

    i think you misread my post. he wasn't charged with anything. he just received a probation violation for failing to check in one month. he had already been on probation for a year ((which i was told counts towards your credits)), and at the time of his sentencing he had already been in there 2 months. when his attorney explained to me how his credits applied to his sentence it made total sense but if he were right then my bf would've been out already.
     
  5. CdwJava

    CdwJava Moderator

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    Well, the attorney could have been wrong as to how his credits applied towards the time he had to serve. About all you can do is check with your boyfriend via mail or visitation, or, contacting his attorney and having him look into it (if he will).

    As for the charges, are you sure they were "dropped?" Perhaps the matter was not filed and it has since been RE-filed? There could be a number of possibilities. You may not have all the knowledge of his criminal past and the intricacies of his sentencing, and more often than not it is not a simple math problem.
     
  6. army judge

    army judge Super Moderator

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    We have less information about this than you do.
    We have only what you've told us.
    Asking us when your boo will be released is asking us to guess.
    So, we guessed.
    The only one that knows when your boo goes free is the judge.
    But, the judge has hundreds of people waiting on him or her to set the date.
    It'll be decided when the court hears his case.
    Finally, only he knows what he's really done, and the prosecutor's office is looking deep into his past and criminal actions.

    If his lawyer will speak with you, ask why it's taking so long.

    The worst thing you can do is discuss any of this with your boo.
    Why?
    All communications are recorded and/or monitored.
    Anything he says can and will be used AGAINST him in a court of law.
    If you're smart, talk with him about butterflies, baseball, and Billy Goats, and other harmless chatter.
    The walls have ears.
    The bars have eyes.

    His lawyer is guessing.
    The prosecutor is hoping to hang him high.
    The judge decides.
    All you can do is wait until the judge sets him free, or sets his release date.
     
    Last edited: Aug 16, 2014
  7. Specialk

    Specialk Law Topic Starter New Member

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    I appreciate you taking the time to reply. Thank you! It's all so confusing. I've never heard of anyone getting 3 years ( with half) on a probation violation with no new charges. But I guess it could have something to do with the whole AB109 re-alignment act. Are u at all familiar with it?
     

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