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  #1  
Old 06-24-2018, 11:59 PM
MrsRodriguez624 MrsRodriguez624 is offline
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Default California Parole: How will I know if he will have to do Federal time?

Hi i had a question.... My boyfriend got arrested in 2015 and was sentenced 4 yrs with 65%... He was up for parole in oct 2017 and was denied so hes supposed to get released next month... So my question is this.. He was on parole already before he got in trouble in 2015 so how will i kno if he will have to do federal time also if he gets a violation? If so what is the process i mean will feds pick him up from where he is now on his release date or will he be brought to county jail and then the feds pick him up? Any help is appreciated thanks
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Old 06-25-2018, 06:23 AM
sidewalker sidewalker is offline
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I would think the prison he's in would notify him that he has a hold on him.
But Im not sure. And also not sure of the process if he's sent to county or if the feds would pick him up at the state prison.....


Hopefully someone would come along and give you better info......
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Old 06-25-2018, 01:25 PM
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Originally Posted by MrsRodriguez624 View Post
Hi i had a question.... My boyfriend got arrested in 2015 and was sentenced 4 yrs with 65%... He was up for parole in oct 2017 and was denied so hes supposed to get released next month... So my question is this.. He was on parole already before he got in trouble in 2015 so how will i kno if he will have to do federal time also if he gets a violation? If so what is the process i mean will feds pick him up from where he is now on his release date or will he be brought to county jail and then the feds pick him up? Any help is appreciated thanks

The piece of information I'm missing, just reading the post, is the rationale behind why he would have to do Federal time.....


Was he on Federal parole?


If so, and he served a sentence already, I would think that the Feds would consider counting the time served in the State Prison as having fulfilled whatever time his Federal Parole Violation would have constituted. However, he might have to have a hearing before a Federal Judge first before that's determined. Not as familiar with how Federal parole works, though, so I might be wrong.


Still, whether or not he gets picked up at release time entirely comes down to whether or not the Feds put a hold on him (or any other agency if he has a warrant.) If so, then he should be able to find that out from a Counselor. He will definitely know BEFORE release. CDCR is pretty good about making sure people know about Fed holds, ICE holds, etc. in advance of release, so rarely is there a surprise of someone walking out the gate and suddenly being surrounded by officers. In fact you're more likely in a State Prison to know that a hold is in place than in any other facility. I've heard of people going to court dates for a low-level state offense (misdemeanor or lower-level felony) finding themselves swarmed by Feds for a higher-level offense while in the courthouse. But generally speaking, unless something comes up very last-minute? An inmate knows at worst a few days beforehand if they're going to get picked up at the gate by another agency for a hold. And usually long before that (especially if it's an immigration issue.)


As to HOW he would be picked up, well, that is at the discretion of that agency. The Feds generally do their pickups direct. However, they could notify the County Sheriff to hold the inmate, take them to lockup, then pick them up from there or have them transported elsewhere in the system. It just depends on the circumstances. If he's high-profile then I'd say with absolute certainty it would be a direct pickup. If not, he might bounce around a few County facilities that the feds are contracted with before actually winding up in Federal custody. (I know this is the case in a lot of ICE cases.)


So I guess the best answer is.....we aren't really sure what will happen in his case if he gets picked up. And I'm pretty sure, for security reasons, they won't be entirely forthcoming about how exactly the prisoner movement will occur, either. (These guys love their "security reasons!")


HOPEFULLY they just let him walk out the gate and let him deal with Fed Parole (if that's an issue) later.....hopefully....


-E
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Old 06-25-2018, 01:31 PM
MrsRodriguez624 MrsRodriguez624 is offline
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Originally Posted by sidewalker View Post
I would think the prison he's in would notify him that he has a hold on him.
But Im not sure. And also not sure of the process if he's sent to county or if the feds would pick him up at the state prison.....


Hopefully someone would come along and give you better info......
Thanks... Yea he doesnt have a hold on him right now but idk if that can change... Thanks for ur reply 😊
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Old 06-25-2018, 01:34 PM
MrsRodriguez624 MrsRodriguez624 is offline
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Originally Posted by missingdee View Post
the piece of information i'm missing, just reading the post, is the rationale behind why he would have to do federal time.....


Was he on federal parole?


If so, and he served a sentence already, i would think that the feds would consider counting the time served in the state prison as having fulfilled whatever time his federal parole violation would have constituted. However, he might have to have a hearing before a federal judge first before that's determined. Not as familiar with how federal parole works, though, so i might be wrong.


Still, whether or not he gets picked up at release time entirely comes down to whether or not the feds put a hold on him (or any other agency if he has a warrant.) if so, then he should be able to find that out from a counselor. He will definitely know before release. Cdcr is pretty good about making sure people know about fed holds, ice holds, etc. In advance of release, so rarely is there a surprise of someone walking out the gate and suddenly being surrounded by officers. In fact you're more likely in a state prison to know that a hold is in place than in any other facility. I've heard of people going to court dates for a low-level state offense (misdemeanor or lower-level felony) finding themselves swarmed by feds for a higher-level offense while in the courthouse. But generally speaking, unless something comes up very last-minute? An inmate knows at worst a few days beforehand if they're going to get picked up at the gate by another agency for a hold. And usually long before that (especially if it's an immigration issue.)


as to how he would be picked up, well, that is at the discretion of that agency. The feds generally do their pickups direct. However, they could notify the county sheriff to hold the inmate, take them to lockup, then pick them up from there or have them transported elsewhere in the system. It just depends on the circumstances. If he's high-profile then i'd say with absolute certainty it would be a direct pickup. If not, he might bounce around a few county facilities that the feds are contracted with before actually winding up in federal custody. (i know this is the case in a lot of ice cases.)


so i guess the best answer is.....we aren't really sure what will happen in his case if he gets picked up. And i'm pretty sure, for security reasons, they won't be entirely forthcoming about how exactly the prisoner movement will occur, either. (these guys love their "security reasons!")


hopefully they just let him walk out the gate and let him deal with fed parole (if that's an issue) later.....hopefully....


-e
thank you soo much
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Old 06-25-2018, 01:46 PM
MrsRodriguez624 MrsRodriguez624 is offline
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Yes he was on parole already for a prior conviction .before we met in 2014...im not sure of the exact terms but he was ordered to be in a rehab facility for a year which he completed in early 2015 but he was on parole in 2014 and when he got in trouble wit this new case in 2015 he was sentenced to 4yrs state prison with 65%... So basically now his release date is next month but thats where the question come in as to when he is released as far as his parole will he get a violation for this 2015 chrge? Which would be serving federal time now.. Or idk how that works
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Old 06-25-2018, 03:25 PM
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Originally Posted by MrsRodriguez624 View Post
Yes he was on parole already for a prior conviction .before we met in 2014...im not sure of the exact terms but he was ordered to be in a rehab facility for a year which he completed in early 2015 but he was on parole in 2014 and when he got in trouble wit this new case in 2015 he was sentenced to 4yrs state prison with 65%... So basically now his release date is next month but thats where the question come in as to when he is released as far as his parole will he get a violation for this 2015 chrge? Which would be serving federal time now.. Or idk how that works

He would only be serving Federal time if he was convicted on a Federal charge. That's the part that's throwing me here. Usually the word "Parole" is not associated with the Feds ("Probation" would be.) If he was on Parole for a charge in another state, that would be an issue for that state, not the Feds. If he was on Parole for a previous charge in California, then odds are the prison sentence he just served took care of that time (although whether or not he would still be on parole for that particular charge is something he won't find out until he's released....since he'll be on parole for the new charge as well at that time.)
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