Sometimes, the court releases individuals on parole after a criminal conviction in California. Individuals have to obey certain rules of the court while on parole. Individuals who violate their parole can be taken into custody, or arrested.
Penal Code 3056 regulates custody while awaiting parole revocation hearings in California. The court can revoke probation when individuals violate their probation. Find out more about this process with the Simmrin Law Group by calling (310) 997-4688.
Parole in California
Parole allows individuals to get out of jail or prison without serving the full extent of their sentences in California. Individuals can sometimes get out on parole for “good behavior.” This allows them to exit the prison or jail system and begin moving forward with their lives.
However, individuals are not free to do whatever they want while they are out on parole. They have to obey a number of regulations set down by the court. Parole conditions are not the same in every case. For example, the court may order an individual to:
- Continue living in a specific county
- Register with authorities in their area
- Agree to submit to searches by law enforcement
- Avoid committing any new crimes
Individuals could also be required to meet with a parole officer on a regular basis. Failing to adhere to court conditions can lead to a parole violation. Parole violations can then lead to an arrest in California. Individuals can then receive a parole revocation hearing after a set period of time.
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PC 3056 and Custody Before a Parole Revocation Hearing
The court will conduct a parole revocation hearing if someone is accused of violating their parole. However, this hearing will not take place immediately. Often, there is a delay between the time the individual is arrested and the time the hearing begins.
Generally, individuals are sent to county jail under PC 3056 regulations. However, there are exceptions to this regulation. For example, some counties do not have a jail facility. In this case, individuals can be sent to a different housing facility for inmates.
Sometimes individuals under the age of 18 are released on parole. If they violate their parole, they are not sent to county jail. Instead, they are taken to a juvenile detention facility as directed under PC 3056. You can learn more about custody under PC 3056 from the Simmrin Law Group. We’ll go over your situation when you call (310) 997-4688.
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Parole Revocation Hearings in California
Individuals accused of violating their parole can face a parole revocation hearing in California. During this hearing, the prosecution works to show there is probable cause that an individual violated their parole. The prosecution does not have to show beyond a reasonable doubt that a parole violation occurred.
A parole revocation hearing takes place in front of a parole board. At this kind of hearing, lawyers can offer evidence to show that their client’s parole was or was not violated. A criminal defense lawyer in Los Angeles can also protect their client’s rights during these hearings.
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Results of a Parole Revocation Hearing in California
A parole board decides how to resolve a parole revocation hearing. There are two ways in which to do this. The board can decide the individual did not violate their parole. In this situation, an individual can remain on parole here in California.
Individuals placed back on parole must continue to adhere to court regulations. The length of time an individual spends on parole in California can vary. However, in most cases, individuals remain on parole for around three years. In some cases, individuals can spend up to 10 years on parole.
In the event the parole board decides the individual violated their parole, the board can revoke their parole. Individuals face a maximum of one year in jail for violating their parole. However, individuals can end up spending more time in jail if they are accused of violating parole after committing another crime. In this case, the individual could face additional criminal charges.
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Ask a Lawyer About Custody While Awaiting a Parole Revocation Hearing
Are you in custody while awaiting a parole revocation hearing? Penal Code 3056 determines where you will be housed. The Simmrin Law Group can help you handle a parole revocation hearing. Just call (310) 997-4688. You can also complete our online contact form. Reach out to a criminal defense lawyer in Los Angeles now.
We’ll go over your situation and help with your hearing. Find out more with a free consultation.
Call or text (310) 928-9347 or complete a Free Case Evaluation form