How long does parole have to see if someone violated their parole?

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How long does parole have to see if someone violated their parole?

My fiance’s ex who has kids with filed a restraining order a few months ago, recently she called the police stating he contacted her (it’s a false claim, he was working all day). He was arrested, he’s on parole so he’s still in jail on a parole hold. There are no charges filed against him due to lack of evidence so if it wasn’t for the hold he’s be out. How long do they have to have him in front of the parole board? He’s been in jail since the 10th and hasn’t even seen an attorney. He has a full time job waiting and was doing everything he was supposed to so what do we do?

Asked on May 30, 2012 under Criminal Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

There is no set timeline for the parole board to determine or hold a parole violation hearing. The reason being is that a parole violation determination is often separate from the criminal proceeding that may have triggered the parole violation. Your fiance's parole officer still has to perform an independent hearing process to determine if based on the allegations made to the police, whether your fiance violated any conditions of his parole. Sometimes this can include the ex-girlfriend testifying before the parole board, a simple phone call to the ex, or the gathering of all the police reports and evidence, which can take some time. He should have been given some paperwork indicating his right to hold or waive his hearing. He will not be released however until the parole board makes its final determination regardless of the outcome of any criminal proceeding, or lack thereof in this matter.


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