Can parole or probation be revoked on the basis of an arrest for a new offense?
Yes, parole or probation can be revoked on the basis of an arrest for a new offense in California. If a person on parole or probation is arrested for a new crime, the California Department of Corrections and Rehabilitation can revoke their parole or probation and require them to serve their full sentence in prison. The California Penal Code specifies that any person arrested for a felony or misdemeanor must be either released on their own recognizance or held on defendant will appear in court when required.">bail if they have violated parole or probation. Furthermore, the court can issue a “hold” on the individual, which is a request to the parole or probation officer that the person be detained until the court has heard evidence and made a decision on the charges. When a person is arrested on a new offense, their parole or probation officer may decide to issue an emergency hearing to determine whether the person violates their parole or probation conditions. During this emergency hearing, the parole or probation information is presented to a judge, who reviews the case and can revoke parole or probation. In some cases, a person arrested for a new offense will not be released on parole or probation at all, or may face a longer period of probation or parole if the court decides not to revoke their parole or probation. In other cases, the individual may receive a harsher sentence if the court decides to revoke parole or probation. No matter the specific consequences, it is important to understand that parole or probation can be revoked in California on the basis of an arrest for a new offense.
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