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  1. #1

    Default End of Parole After Successful Appeal

    My question involves criminal law for the state of: CA
    If a felony conviction is reversed by the appeallate court, on what date is defendant's on-going parole officially lifted? Does the defendant need to take action to notify the parole department himself, or are they notified electronically by the court? Would any action on his part speed up this process? Thank you so much for your help!

  2. #2
    Join Date
    Sep 2010
    Posts
    10,352

    Default Re: End of Parole After Successful Appeal

    Depends what the nature of the decision is. It could be that he's immediately free of sanction or it could be the case is remanded back to the lower court for further action.

  3. #3
    Join Date
    Dec 2011
    Posts
    203

    Default Re: End of Parole After Successful Appeal

    Most convictions are upheld. Sometimes there is an error that affects the outcome, and it is reversed and remanded back for a new trial. Sometimes it is just an error of sentencing, and is remanded for re-sentencing.

    If he gets a miracle and the conviction is vacated and dismissed, the case is published and copies sent to each side. The order goes back to the trial court and the court there enters it and would notify people like parole.

    The convictions I see vacated totally are usually in cases where the state stacked charges and couldn't prove all the elements of one or more of them. Usually if it is a matter of trial court error, the appeals court will find that the error did not affect the outcome. If it is a big enough error that affected the outcome, then the conviction is reversed and it is remanded for a new trial.

    Once the conviction is vacated (without a new trial ordered) then he can tell probation/parole to go stick it you know where. If a new trial is ordered, then the sentence continues until there is a new verdict. It might end depending on state law.

    Getting convicted and then winning on appeal to the degree of just walking away is extremely rare.

    I just read a case here in Florida where a burglary conviction was vacated because the state did not prove all the elements of the offense. The guy had also been charged with robbery. Kicking the 10 years for burglary was nice of the court, but of course the robbery stood and the guy got life in prison. Those are the kinds of cases I see getting totally overturned.

    I have seen criminal appeal decisions take as long as three years (when someone is out on appeal bond), and it is a one word opinion, AFFIRMED. So one can't really know how long an opinion will take.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: End of Parole After Successful Appeal

    Keep in mind that a typical reversal doesn't make the charge go away - it simply remands the matter for additional proceedings. A common outcome is for the defendant to then enter a plea bargain, for example to plead guilty to an offense in agreement for a sentence of "time served", and to then be processed out of the system.

  5. #5

    Default Re: End of Parole After Successful Appeal

    Thanks to all of you for such great answers! And for your humanity, in trying to gently suggest the odds may not be ..so good. This, I do know, but thank you. It is an unusual case in many ways, though I guess I should leave it at that. So yes, I continue to hope that iit is VACATED. (Thanks for the word It's hard to find this stuff. Maybe because.....no one tends to USE it, statistically? Probably..) Anyway, if it's remanded back for a new trial, I'm hoping they'll just drop the charges. But, either way, it appears there will be a wait However, if it's VACATED, and viewable on the internet, is that the time it's "over"? Or is there some FINALITY clock ticking into the future on that, too? Or.. when it's done, it'x just DONE?

    Again, I am so SO appreciative of your time and help. All so great. The best to all of you!

  6. #6
    Join Date
    Sep 2010
    Posts
    10,352

    Default Re: End of Parole After Successful Appeal

    If the appellate judge wishes to do so, he can end the sanctions right then and there. Certainly the appellant's lawyer can make that request.

  7. #7
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: End of Parole After Successful Appeal

    Keep in mind that if the case is remanded back to the trial court the judicial officer may require bond and conditions of pretrial supervision before the defendant can be released.

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