QUESTION:
I have a week left, no violations, completed all classes successfully, no dirty tests, no missed apps. And he shows up last nice and says he thinks I’ve been drinking, violates for that and laughs as he says I get to keep you another year now and told me to go do the 9 months of classes again. I was cited and released. With a week left !!!!
ANSWER:
I’m going to assume that by AB109 you mean Post-Release Supervision (PCS) and not felony probation. If by 7 days left you mean that will complete 3 years, then your PCS cannot be extended for any reason. If by 7 days left you mean that a year will be completed, then yes, the supervising agency can extend your PCS under certain circumstances. However, I think you might be able to terminate your PCS successfully in 37 days if you can avoid going into custody for this alleged violation. California Penal Code section 3456(a)(3) states, “The person who has been on postrelease supervision continuously for one year with no violations of his or her conditions of postrelease supervision that result in a custodial sanction shall be discharged from supervision within 30 days.” If you can low-key get to that milestone and your PO doesn’t choose to discharge you, you can petition the court. Could you beat the alleged alcohol violation in court if a formal violation proceeding is filed. It is definitely possible. However it is also definitely possible that you might be found in violation even without a breath or blood sample. It’s hard to say without knowing all of the evidence that might be presented.
