What The?

[leech]

What is the name of your state? California

So my boyfriend is in jail on a Violation of his Parole, he was falsely accused of Domestic Violence. Hes been in there 26 days and they finally went to offer him a plea bargain, a year for something he didnt do, so he of course didnt take it. Anyway, they said that according to his Jail test Scores he is at/above college level and therefore is competent enough to defend himself when he goes up against the Board. So basically he wont be assigned an Attorney. Im guessing this is not an infringement on his rights???

Does anyone know the process and the order of which a Parole Board hearing is conducted?? Thanks.

Leech

 

[stephenk]

your boyfriend asked to represent himself, right?

 

[calatty]

You're guessing right. You don't have a right to an attorney for parole violation hearings, except in limited cases like when the issues are complex and you don't have the wherewithal to defend yourself.

 

[leech]

stephenk - No he didnt ask, they told him he would be defending himself because of his test scores.

calatty - Thanks, I suppose I was misinformed then because I thought an individual always had the right to an attorney, but that may only be when going to court. Apparently this isnt a court case, its a room, with three Board members.

Since he is defending himself, and he has the right to character witnesses and witnessed of that she she claimed he gave her a bruise. Will he have the option to "question" us or will be just have to give a written or verbal testimony in front of the board. Im assuming since hes his own lawyer technically he would have all the rights to act as one....correct?

Thanks so much.

 

[calatty]

Exactly, only when going to court. According to the US Supreme Court, you aren't entitled to the "full panoply" of rights at parole and probation violation hearings. He can hire an attorney, and yes, he can question witnesses.

 

[leech]

Thanks Calatty, are you a lawyer by any chance?

So I can hire an attorney correct? Do you know if he will be able to question the accuser? She accused him of domestic violence so I wouldnt be too sure if she'll refuse to even be around him...

Her report: She went to go pick up their daughter and she found out there were known gang members and drug dealers there so she got upset and he grabbed her arm for a minute, was yelling at her and then let her go. She also said that he has hit her 4 times before this incident. But she was always scared to come forth.

Witnesses will testify what they saw: She came to get the little girl, drove away. She stopped her car because their 6 year old daughter told my boyfriend "tell Lisa I said bye (thats me.) Got out of her car and tried to get into the townhome, banging on the door, trying to talk to me. A neighbor asked her to move her vehicle because she was blocking the way and so she walked downstairs....tried to pepperspray my boyfriend and he jumped back, then she proceeded to key his car and pepperspray the windows. She then got in her car and tried to run him over. She left.

Does anyone know the chances of this case getting dismissed and him becoming free.........I hear Parole Boards are vicious....