My brother was arrested last night, supposedly the story is that he went to help his wife at work, she is a bartender. She asked him to go and help her unload the alcohol cases. He said he went because there was no bouncer there last night. Anyways he told us they were trying to jump her and he was protecting her. I don’t know for sure but she said that some girl was starting stuff with her and I guess when they were leaving the people with this girl started messing with them and the though they were going to get jumped so I don’t know if they started fighting or what but of course something had to happen for cops to show up.
His wife said that no one was arrested accept for my brother because he was on parole and because he had alcohol in his system.
So now what happens, I went online to the inmate information to see what he was charged with and there is no charges on him only a parole hold.
Are there any chances that they will release him? Or does he automatically go back for 4 months just for the arrest?
#1 by Shorty on July 10, 2010 - 3:10 am
1 in a bar
2 alcohol in system
3 tussel (fight)
Your brother stands a good chance of going back for the rest of his time. He is a big boy and knew the odds were not good for his freedom if he were caught around any of the things listed above. In other words you roll the dice you take your chances. I have been on paroll several times and everything you can not do is clearly spelled out.
#2 by John S on July 10, 2010 - 3:54 am
Since a condition of every parole is that a person not drink alcohol, the officers knew he had violated parole, and took him into custody. Assuming he did not commit a new offense (and it sounds like he did not) what happens now is up to his Parole Agent. The Agent could decide that the violation is minimal, and release him, or could schedule it for a violation hearing (punishment is not automatic, there must be a hearing). If he is found in violation, he could get anything up to a year in prison, though I would not think that anything near that long would be imposed if the only violation is drinking.
Note, there is no “rest of the time” under California law. He finished his time when he completed his sentence and was released on parole. However, a violation of parole can be punished by up to a year in prison.