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California Parole, Probation & Release All information & questions relating to parole, probation or release in California should be posted here.

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  #1  
Old 06-24-2010, 01:56 PM
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Default Does traffic court notify the Parole Dept when a parolee pleads guilty to a ticket

On parole - plead guilty to a ticket - which was a misdemeanor. This took place in traffic court - he paid the fine, case closed. However, it is a misdemeanor offense. Is this an automatic violation? PO does not know about the ticket.

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  #2  
Old 06-25-2010, 12:18 AM
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My guess is probably not, but it may come up in a review some time down the line. Ii think when they do a review for discharge they run a criminal history to find out if the parolee has any unreported arrests etc.

My boyfriend was arrested on an under the influence (of drugs), held in county jail for 4 hours and then released. He reported it to parole and they did not violate him. Way back when they used to be way stricter about it. They would violate you for any law violations, including driving on a suspended license. That does not happen much anymore. I am not saying its 100% ok, I just cant see much coming from it, but eventually the PO probably will find out.
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Old 06-25-2010, 04:54 AM
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Originally Posted by Monikher View Post
On parole - plead guilty to a ticket - which was a misdemeanor. This took place in traffic court - he paid the fine, case closed. However, it is a misdemeanor offense. Is this an automatic violation? PO does not know about the ticket.

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What was the violation - a speeding ticket?
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Old 06-25-2010, 08:26 AM
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What was the violation - a speeding ticket?

No - BP4140 - having a syringe in the car. - however he was given a ticket (cite and release) and was seen in traffic court. He's had a few traffic tickets (speeding, etc.) - but these have not been violations.
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Old 06-25-2010, 08:37 AM
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he should tell the p.o. just in case
i was on probation and got a ticket for suspended license. i was doing so good that i was put now on papper ,didnt have to report to p.o. just send in my papper, every month. it states on the paper if i have had in contact with any police officers. i put down that i got a traffic ticket and had to go to court, i put the citation # and i never heard anything from my p.o. so i guess it was ok, as long as you dont get a warrant for it.. good luck
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Old 06-25-2010, 08:59 AM
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When you have any kind of police contact your PO knows. It comes up on the computer but if the PO don't ask i wouldnt tell
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Old 06-26-2010, 12:05 AM
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No - BP4140 - having a syringe in the car. - however he was given a ticket (cite and release) and was seen in traffic court. He's had a few traffic tickets (speeding, etc.) - but these have not been violations.
That's not a traffic violation. I don't know if his PO will catch it or not, or if they will care- it's really hard to say. If they find out and want to be nasty about it, they can try to go after him for not reporting police contact, but it's not that common that they would do that.
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Old 06-27-2010, 11:49 PM
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true - it was not a traffic violation - but he received a "traffic" ticket and was seen in traffic court - it was strange I know - it seems as though he would have been cited & released, or arrested, etc., but was not. He was stopped for a bad brake light - told them he was on parole - they searched the car...ticketed...told to report to traffic court.
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Old 06-28-2010, 08:42 AM
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true - it was not a traffic violation - but he received a "traffic" ticket and was seen in traffic court - it was strange I know - it seems as though he would have been cited & released, or arrested, etc., but was not. He was stopped for a bad brake light - told them he was on parole - they searched the car...ticketed...told to report to traffic court.
It was probably taken care of in traffic court because it was a misdemeanor and a citation- they most likely didn't want to handle it through superior court. My son knows a parolee who got stopped, cited for driving on a suspended license, no insurance, and 4140 B&P. The cops called parole and asked if they wanted him held, the parole agent said 'no, just cite him' he's going to court on the charges now, and parole still hasn't said anything to him about it even though they are aware of it.
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Old 06-28-2010, 11:12 AM
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Anyone is allowed to obtain up to ten syringes if purchased in one of the CA counties or cities allowing pharmacies to participate in the Disease Prevention Demonstration Project (http://www.syringeaccess.com/docs/participating_cities_and_counties.pdf); with a defense to unlawful possession under B&P Code section 4140 being retention of the sales receipt for the syringes (or other proof they were lawfully acquired).

The irony here is that although a parolee may lawfully possess the syringes under state law, such legal possession may not be enough to prevent a violation of parole for presumptive use of illegal drugs as evidenced by possession of the syringes.
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Last edited by South Bay; 06-28-2010 at 11:26 AM..
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Old 08-01-2011, 05:14 PM
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Default Drug residue in a syringe is not sufficient evidence

Quote:
Originally Posted by South Bay View Post
Anyone is allowed to obtain up to ten syringes if purchased in one of the CA counties or cities allowing pharmacies to participate in the Disease Prevention Demonstration Project (http://www.syringeaccess.com/docs/participating_cities_and_counties.pdf); with a defense to unlawful possession under B&P Code section 4140 being retention of the sales receipt for the syringes (or other proof they were lawfully acquired).

The irony here is that although a parolee may lawfully possess the syringes under state law, such legal possession may not be enough to prevent a violation of parole for presumptive use of illegal drugs as evidenced by possession of the syringes.
South Bay Scott
Drug residue in a syringe is not sufficient evidence to prove
drug possession.
Police should be aware that pursuant to a CA
Supreme Court ruling, an individual shall not be convicted of possession of a controlled substance based solely on drug residue in a used syringe.
(Syringe possession information for California Law Enforcement Officials)

A common question concerns drug residue in a used syringe—can an individual be arrested for a drug in a used syringe? Although police may make such an arrest, an individual cannot be convicted in California unless they possess a “usable amount” of a controlled substance.
The State Supreme Court decided this in the early 1970s, and therefore most police should be aware that a used syringe is not evidence of drug possession.
(California Dept of Public Health)
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Old 08-01-2011, 07:24 PM
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Drug residue in a syringe is not sufficient evidence to prove


drug possession.
Police should be aware that pursuant to a CA
Supreme Court ruling, an individual shall not be convicted of possession of a controlled substance based solely on drug residue in a used syringe.
(Syringe possession information for California Law Enforcement Officials)

A common question concerns drug residue in a used syringe—can an individual be arrested for a drug in a used syringe? Although police may make such an arrest, an individual cannot be convicted in California unless they possess a “usable amount” of a controlled substance.
The State Supreme Court decided this in the early 1970s, and therefore most police should be aware that a used syringe is not evidence of drug possession.
(California Dept of Public Health)

What you are saying is correct, but I know of a guy who was violated after the cops found a syringe in his car & called parole. He had already been through the STAR program so they gave him 6 months with half time for it. Apparently it's still considered drug paraphernalia by parole and evidence of drug use (they have a much lower requirement of proof than a court does)

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Old 08-01-2011, 10:12 PM
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Quote:
Originally Posted by Monikher View Post
On parole - plead guilty to a ticket - which was a misdemeanor. This took place in traffic court - he paid the fine, case closed. However, it is a misdemeanor offense. Is this an automatic violation? PO does not know about the ticket.

Thanks.
Two parts to your question: First, yes you should advise your agent of ANY police contact, not just because you signed your conditions stating you would but because it will also help build the trust necessary to be successful on parole. Second, no, it is not an automatic violation.

Something to keep in mind. When you come up for discharge review your agent will pull an updated CII (rap-sheet). This misdemeanor WILL show up with the date of the infraction. If your agent is anything like me...you'll be denied early release on the spot. Not because you caught a minor infraction...but because you were deceitful.

I am EXTREMELY open-minded with the guys on my caseload. I will do anything within my power to help them be successful...UNLESS they BS me.
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Old 08-02-2019, 12:24 PM
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Two parts to your question: First, yes you should advise your agent of ANY police contact, not just because you signed your conditions stating you would but because it will also help build the trust necessary to be successful on parole. Second, no, it is not an automatic violation.

Something to keep in mind. When you come up for discharge review your agent will pull an updated CII (rap-sheet). This misdemeanor WILL show up with the date of the infraction. If your agent is anything like me...you'll be denied early release on the spot. Not because you caught a minor infraction...but because you were deceitful.

I am EXTREMELY open-minded with the guys on my caseload. I will do anything within my power to help them be successful...UNLESS they BS me.

I am curious to know if I were to get a driving citation would parole know. You mentioned that at the point of coming up for discharge then they would find out through an updated CII but didn't mention anything about them seeing it prior to then. I am not speaking on the behalf of what the forum topic is on now with this particular instance but just curious now that this was brought up. Thanks for the knowledge.
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Old 08-02-2019, 04:25 PM
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Welcome to Prison Talk. It's difficult to guess which government databases a PO will check, but they can check driving violations if they choose to. A minor traffic ticket won't violate parole or probation, but failing to notify the PO that you were issued one by LE might, a self inflicted problem.
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Old 08-02-2019, 06:35 PM
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Agree with above. Not notifying of LE contact is a technical violation, but they count. And it really stinks to be violated for such a poor choice.
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Old 08-03-2019, 12:00 PM
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I am curious to know if I were to get a driving citation would parole know. You mentioned that at the point of coming up for discharge then they would find out through an updated CII but didn't mention anything about them seeing it prior to then. I am not speaking on the behalf of what the forum topic is on now with this particular instance but just curious now that this was brought up. Thanks for the knowledge.

If you get a citation You have must inform your parole officer. Reason being as a condition of parole you must report any type of law enforcement contact. No matter how big or small. More then likely your parole officer will never know that you received that citation.
Then if your name should come up at the parole office as having being in contact with the police, you said nothing about it could be an issue . The best rule of thumb is. If you have had any kind of law enforcement contact let your prole officer know . Don't let them find out , but you didn't tell them . Most of the time it is no big deal

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Old 08-03-2019, 03:19 PM
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My boyfriend has to notify his PO any time he has police contact of any type ever.
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