The district attorney can certainly make an offer and say take the plea bargain or we will ask for the maximum sentence. He must feel the state has decent case, or that your attorney isn't going to be effective in your defense. Correction: While the district attorney may think that the defense attorney will not do a good job, it would be improper for him to base a sentencing recomendaton on that conclusion. A judge should be very careful about telling a defendant that the defendant will get the maximum if he is found guilty in front of this judge. If a judge wants to get the message across, he usually says things like: "Ask you attorney about the kind of sentences that might happen after trial." Or, "If you are found guilty, when I sentence you I will consider everything I know about you." A judge can say this: "If you do not take this plea, all plea bargaining is over. This case will be set down for trial and it will go to trial. You can then take your chances."
Additional: When you accept a plea agreement, the judge is going to ask you if you were coerced into accepting the agreement. If you say that you were coerced, then the plea is dropped.
Can you reduce a felony after probation?
To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been acquited or served the complete term of your sentence - then submit a petition to the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do research to learn if this applies to your state), you will still remain subject to any restrictions that your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). CAUTION: FEDERALLY CONVICTED FELONS: It remains a FEDERAL felony for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time federally convicted felons have no solution to their firearm disqualification. By denying funding for the purpose, Congress has effectively suspended the review of federally convicted felons' petitions for restoration of their firearms privileges.
Can two felons roommate together in California one on probation and the other parole?
Not a good idea. The one on parole could be in trouble if the other person has any priors and is actually an ex con, which they may not tell the truth about. Ignorance may not help. The one on probation would definitely be violating and have to serve what was sentenced.
When you turn twenty one and your on probation can you drink?
While you are now legal to drink in your area you must check the conditions of your probation. The terms of probation often include not drinking or doing any drugs.
Can you get emancipated if your on probation?
Very unlikely. For emancipation a judge will consider how well the person makes decisions and if you're on probation it would seem that you don't make very good decisions.
In the state of Texas I'm 16 pregnant my boyfriend is 21 can my dad send him to jail?
[Disclaimer: I am not a lawyer.]
You are older than 14 but below the age of consent in Texas, which is 17; and there is more than a three year gap in your ages. Your father cannot "send" your boyfriend to jail, but your boyfriend may face charges of "sexual assault" under the Texas Penal Code. Your boyfriend's offence, known as "statutory rape," is not prosecuted very often in Texas when the child/victim is older than 14 years of age and the sex is consensual. Still, the laws prohibiting any form of sex with children under the age of 17 are on the books, and it is up to the prosecutor to decide whether or not he or she wants to go forward with such charges in any specific case. Like most states, Texas has statutes requiring mandatory reporting of child abuse.
Anyone who has reason to believe that a child's health or welfare has been adversely affected by abuse must notify the proper authorities.
In addition, the statute specifically requires reporting by "professionals" who suspect that a child may have been abused.
"Professionals" are defined as people who have direct contact with children in their duties for which a license or certification is required: they are licensed or certified by the state or are employees of a facility licensed, certified, or operated by the state.
That group includes teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services. In the situation that you describe, reporting can be made to any local or state law enforcement agency.
How long until a parolee can own a gun?
Never. Convicted felons are prohibited from ever owning a gun, regardless of the crime for which they were convicted.
Is it up to the probation officer to revoke you?
no they can not. they can only reccommend it. it is up to the board.
How can you find out when your son is getting released from prison?
Most states have internet access to their Department of Corrections (California is a limited exception). On these sites, you can access an "Inmate Locator" or "Offender Information" link. By inputing your son's name or DOC number,you should be able to pull up his vital information. This will include his expected or conditional release date. If he has gotten parole and is pending release, that date will also be there. For inmates in California, you will be directed to call the Inmate Information Office for any information.
You may also be able to call the facility directly where your son is currently housed. The Deputy Warden's office should be able to provide the information you need.
What is an exit report referring to probation?
It is the final report written by your PO just before your probation sentence expires. It is submitted to the judge summarizing your conduct and attitude while on probation and under his supervision. Consider it like a glorified report card.
What can you major in to be a probation officer?
Education and training. A bachelor's degree in social work, criminal justice, psychology, or a related field is usually required. Some employers require a master's degree in criminal justice, social work, psychology, or a related field for candidates who do not have previous related experience. Different employers have different requirements for what counts as related experience. It may include work in probation, pretrial services, parole, corrections, criminal investigations, substance abuse treatment, social work, or counseling.
Most probation officers and some correctional treatment specialists are required to complete a training program sponsored by their State government or the Federal Government, after which a certification test may be required. Most probation officers and correctional treatment specialists work as trainees or on a probationary period for up to a year before being offered a permanent position.
Other qualifications. Applicants usually take written, oral, psychological, and physical examinations. Prospective probation officers or correctional treatment specialists should be in good physical and emotional condition. Most agencies require applicants to be at least 21 years old and, for Federal employment, not older than 37. Those convicted of felonies may not be eligible for employment in this occupation. A valid driver's license is often required.
Familiarity with the use of computers is often required, due to the use of computer technology in probation and parole work. Candidates also should be knowledgeable about laws and regulations pertaining to corrections. Probation officers and correctional treatment specialists should have strong writing skills because they are required to prepare many reports. They should also have excellent listening and interpersonal skills to work effectively with offenders.
Impossible to answer with 100% certainty, let's just say that there is a good possibility. The PO will want to know what he is dealing with ASAP.
Can charges be brought against an inmate if an inmate lies to a corrections officer?
you cant get a new charges simple by lien to a corrections officer ... Now if your signer is on a statement to that affect then you can get charged with forging a legal document ...
Another View: While it may not be a violation of statute law, there are internal prison system rules and regulations which inmates must live by and follow. Such a violation may incur internal administrative sanctions against the inmate but unless the offense/crime rises to the level of criminal statute law (for instance - killing or assaulting another inmate or guard) no criminal charges are usually filed, and the matter is handled internally, within the system.
How do you put someone on parole back in prison?
From my personal experience being on parole, the way back is by violating the terms and conditions of ones parole.
Each parolee is given two sets of conditions; ones that he must obey from his parole officer (PO) and one that he must obey from the sentencing judge (which is reissued by the parole board upon being paroled).
If you were to get caught not doing something you should be doing, or doing something you were ordered not to do; you would be detained by your parole officer and sent back before your sentencing judge in order to await your fate. In that conference, the judge will determine whether to send you back to prison or county jail, or whether to exercise some other form of punishment like having your sentence converted from concurrent to consecutive or even extending your probation out longer.
From the people I witnessed going through the system, most get a warning for a "technical violation" or even prison convicts serving out 20 years will be sent back for 6-months at the county jail instead as a wake-up call.
Now that is for technical violations, which include things like NO drinking alcohol, you must obey a certain curfew, you must answer the door when your parole officer comes a knockin', you must attend thereapy or some group counseling each week, you cannot go out of the county or at very most definitely not out of the state without a permission document signed and issued by the parole agency. You must maintain gainful employment throught your entire sentence and live only where your home plan says you are allowed to live with no over nighters at even a friends house. You know, stupid rules they impose on you in order to keep you in line and punish you at the same time but they aren't actual criminal offenses to break.
Criminal violations are a whole other thing where getting violated for breaking the law on parole you can be both violated and sent back and be charged with new felonies at the same time.
So if you're trying to ride someone's a55, the easiest way to get this person back into prison is to watch for technical violations being committed and then notifying the parole office in the county he/she lives of these transgressions. Just call the main office number and tell the receptionist you'd like to talk to the parole agent that is supervising "Lindsay Lohan", or whoever; because you have information regarding their violation of parole conditions.
Don't be shocked if you only get the voice mail though LOL, they are tough to get ahold of even when they are supervising you. OH but DO leave a message, because they fuucking hate multiple call backs and no messages bein left. I made that mistake once and had 2 of those dudes give me an ear full of 5hit. They are some high strung individuals man.
But they will call you back and will be respectful and you just tell them what you know like: "Lindsey" was seen getting into a car after having drank a few beers. She usually drinks at this time over at her friend's house which is located so and so. They will follow up on that info. Also if they cross a state line, know where they went and they will question the people at that residence or facility.
They fuucking hate parolees disobeying them and then coming into their office, sitting in front of them, and looking like some inocent littl puppy with no dirt.
You have to report only one thing when you meet with your PO once per month (or however often prescribed), that would be what ever your parole stipulations outline.
One of your stipulations will be that you may not have contact with any other convicted felon. A supervised misdemeanor is not a felon.
What your PO does not know did not happen. This is not an advertisement for criminal activity, as your PO has ways of finding out a lot of information about you. The world is a snitch after all. The only thing stipulated in parole conditions on a consistent basis that you must report, and should never try to hide, is contact with Law Enforcement.
Where can a convicted felon work in Virginia?
It depends on your occupation/profession and whether your practice of it is licensed by the state - AND - whether the state will license a convicted felon - AND - can you find an employer willing to hire you with that kind of past record.
Can you drink alcohol while on parole in California?
Check your parole stipulations. It will state clearly there, no.
How do you find out someone's release date?
A person's release date appears on their official documentation. This can be discovered by contacting the law enforcement agency that has custody of the person: County Sheriff's Department in the event of jail incarceration, or Department of correction in the case of prison incarceration.
What is the penalty for carying a fire arm by a convicted felon in Texas?
Ten years in a federal penitentiary for the gun, and ten years each for each of the rounds.
I dont believe so. The main question they ask on employment applications is "Have you ever been convicted of a felony?" They are not really interested in that fact that you did or didnt spend any time locked up, just that you were or were not convicted.
I know this due to being a "job placement coordinator" for students completing technical training. I had two students in the same situation.
I am Homeless and a felon where are my resources?
Unfortunately few and far between. The state does little to help former felons of any type much less homeless former felons. Your best option lies with the missions. In many metropolitan areas there are charitable mission organizations that provide for homeless or less advantaged people. You may be able to find help locating such by contacting churches and veteran organizations in your area. Being homeless though, it is uncertain how easy this will be for you. Having found the resources to post this question on the internet, you should be resourceful enough though.
What does release date prison could be actual or projected mean?
The release date from prison is based on either an actual or projected date. Projected simply means when a person is expected to be released, while the actual date is when they leave.
Prison mail is notoriously slow. Typically mail will be received within 5 to 15 days. This can be extended by a variety of elements, not to exclude how interesting your mail is to prison staff.
What will happen if someone absconds and gets a technical violation?
If the result of absconding was a Technical Rules Violation, you should consider yourself fortunate and take what comes. Absconding is in itself a felony, comparable to escape. If you were not charged with a new felony, learn your lesson and if you are fortunate enough to be given another opportunity of parole, live right and discharge.
If you absconded and then violated again and were given a Technical Rules Violation as a result of a second incident, you go back to prison and do your time.