Legal Question in Appeals and Writs in California

SB 1453 Senate Bill

I was sentenced to 2 years in State Prison After my release I was mandated to 150 day residential program and the agreement was if I successfully complete the program I would be discharged from Parole. I successfully completed the program and at my final Case Conference The Parole Agent Signed my Discharge Certificate and Congratulated me. As I was leaving she discovered I had a former Prison Number a (N) number Civil Addict Commitment and told me I was not eligible and withdrew my discharge. I do not feel this is fair since they mandated me and I successfully completed the program. Do I have rights to appeal this matter. Thank you for your time.


Asked on 10/17/07, 1:59 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: SB 1453 Senate Bill

What "agreement" are you referring to? If this was part of a plea bargain you may have a basis for a habeas corpus petition (it is too late to appeal), but I will need more information before I can say whether you do.

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Answered on 10/17/07, 2:42 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: SB 1453 Senate Bill

I would frame the question as whether the agent had any authority to reinstate your parole after discharging you. Seems to me that once the discharge is signed you are free as a bird, and you would have to be charged, tried, and convicted of another felony, and put through the prison system again before a parole agent would again have any power over you.

If I were you I would immediately file a 602, be creative about your grounds for appeal, but basically, they denied you your constitutional right to procedural due process of law under the Fifth and Fourteenth Amendments to the U.S. Constitution by withdrawing your discharge after they had already granted it. Assuming the 602 is rejected, and you have otherwise exhausted all your administrative remedies, you would then consult a lawyer about an appropriate way to proceed.

Another lawyer might tell you you should just file a habeas corpus petition and skip the 602. Good luck.

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Answered on 10/17/07, 7:19 pm


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