Santa Rosa, CA asked in Criminal Law for California

Q: Parole Hold and when charges are filed

my bf is on parole, he was pulled over by CHP for DUI (1st time) he failed breathalyzer test and fled before he could be handcuffed. He turned himself in after he was able to speak with his employer. He's been on parole hold since 3/3/2020 and no charges or bail is on the system. County states it's only a parole hold and they don't have any other info. His parole officer said he was waiting to see if the CHP would be filing a case and they had until 3/5/2020 to do so and then send it to the DA to see if they want to pick it up. can he get the hold lifted and be bailed out or does he have to stay for the Parole Hold with no charges against him filed yet? His final charges are DUI, Resisting, Evading, Battery on P.O (office needed stitches on knee when he jumped a fence trying to catch him) and failure to report to parole officer of arrest

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2 Lawyer Answers
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Since parole conditions can be violated without criminal charges being filed, parole holds are typically not lifted until resolved and can't be bailed on. What the DA files can affect the parole violation, and whether it's resolved for a concurrent sentence in county jail, or a return to custody.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

THE DUI AND OTHER CHARGES CAN BE FILED AT ANY TIME.

ON A MISDEMEANOR THE DA HAS UP TO A YEAR TO FILE AND 3 YEARS ON A FELONY.

I WOULD NOT PUT MONEY ON A NO FILING SITUATION OR BAIL RIGHT AWAY.

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