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Living with 290

Living with 290: Mundane Purity

I titled this story “Mundane Purity” because I thought it was a catchy title and may grab someone’s attention.

I met a woman when I was in the Marine Corps in 1998 and married her 3 months later. She had two children I raised as my own and we were blessed with a 3rd child that was born in January of 2000. I’m not going to bore you with the details of our marriage but I’ll try and make a long story short and get to the point.

I hired out with a major railroad (one of the largest in the country) and quickly promoted to locomotive engineer in 2004. In 2007 I was injured on the job and sued the company. In 2010 I settled out of court and was pretty much supposed to take the money earned in the settlement and live the rest of my life. After receiving the settlement I noticed a tremendous change in my wife. She frequented casinos and was disappearing for several days at a time without telling me anything. I was completely frustrated because I had got another job and no one was there to help me watch my children. Please, before anyone labels me a sexist, we had an agreement that I make the money and she watch the kids and keep the house. This was in an effort consistent with our beliefs that no one loves your children like you do and she wanted to do it.

Fast forward less than 6 months after receiving the settlement I had had it with the “I’m leaving, not saying a word, and showing up 3 to 4 days later.” I tracked her to a house in SoCal and found some 15 year old kid driving my Nissan GTR. I went in to the garage where I found her with 5 to 7 guys. I got the picture real quick. To my dismay my wife had been cheating on me. I could go into great detail but a long story really really short I ended up getting several charges that night to and including one that labeled me as a sex offender for life.

My charges were against my wife who is older than me by 3 months and we were 32 at the time. 2 1/2 years later, 2013, I’m out of prison and I meet my parole officer. Nice guy. We went over my parole conditions thoroughly. I was told my parole was to be for a period of 3 years with 5 being the maximum if I screwed up or did something I wasn’t supposed to do. I signed the conditions just as I did a few days before I was released from prison. He explained to me that if I kept my nose clean I would be off parole in 3 years (2016). I’ve complied with everything they’ve asked, several unreasonable conditions in my opinion. I’ve never violated. I was told by my new parole officer that I need to go sign my new parole conditions. I did, thought it wouldn’t be a big deal.

However, I noticed when I signed it was a lot less restrictive than it previously was. I no longer had a curfew! Yay!! In addition, upon further review, I noticed the parole officer had marked that I had to do 5 years of parole instead of 3. I immediately brought this to her attention as anyone would that cares anything about themselves would. She told me she would address that then and there and it was probably just a clerical error because she had redone so many parolee’s conditions that morning no big deal. She disappeared behind the “door”. I sat and waited patiently without giving it much thought. The “door” opens approximately 5-7 minutes later and she tells me, “I don’t know how to tell you this but you got 10 years of parole.” I was floored. How could this be? Then she went back behind the “door” and emerged a few minutes later and spout out basically “Jessica’s Law” to me that states if you were convicted or plead between these dates you get this amount of time on parole so on and so forth. My issue is this: 10 years of parole is ridiculous!!! I signed for 3 years NOT 10!!

I’ve asked other parolees (I’m sure everyone on parole in California is familiar with the joke called Sharper Future) about the situation I’m in and if there is any relief anywhere. Everyone seems to know that they have heard of many people’s parole being extended but they don’t seem to know of anyone in specific. Also, everyone seems to know that they lawyered up and are getting their parole put back to where it was. I’ve dug into this myself. Every lawyer in my county is a criminal defense attorney and none of them are interested on taking on parole. They don’t do it period. It’s a special kind of attorney that takes on parole and they just don’t seem to have that kind where I am from.

The question I pose to you is this: Is anyone in my shoes? If so, what are you doing about it? Have you had any success with anything? I’m in the appeals process right now (which, of course you know is just plain silly). Did you get a lawyer? If so, who? Can anybody help me please???? I would like to go back to being a productive member of society but these restrictions accompanied by this VCR on my leg keep me from doing anything somewhat productive.

HELP, I’m begging you! My respects to everyone and if there is anything I can help you with hit me up.

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Well I’d start with figuring out if she is correct. 10 year parole is fairly limited. Does your case meet these requirements:
People convicted of a violent sex crime listed in Penal Code § 667.5 (c)(3)-(6),
(11), (15), (16), or (18) committed between September 20, 2006, and November 6,
2006. This provision also applies to people convicted of a violent sex crime listed
in Penal Code § 667.5 (c)(3)-(6), (11), or (18) committed on or after September 9,
2010, and who do not fall into some other category.

what @notliking said.

here is more information

http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf

#16 – How long is a Person on Parole, page 27

should be a good place to start. also

B. Can a person get off parole early, page 30

Remember, your parole agent barely knows anymore that you do. They don’t set your parole term, and most won’t help you figure it out anyway. Best thing to do is to send a 22 form to Sacramento (that Parole manual that was linked should help you in this regard). Regarding Parole length however, that manual is very outdated. Rules for parole length has changed regarding sex offenders, although it’s hard to say what the rules actually are now, since Title 15 does not give any mandatory term. It used to be mandatory 5 years for sex offenders, now it seems… Read more »

Well, I’m a little confused. Your story doesn’t ad up. Marine/Engineer/win a settlement? How would finding your now ex wife with multiple men result in your being required to register? Your leaving something out. You went on to portray yourself as a great guy and then?

USA:

He’s not here to justify anything to you. Maybe he doesn’t want to give us the details. I don’t need them. He’s here for help to find an answer to a question. Back off.

Steve, you don’t control the site. If he doesn’t want it known, don’t mention it! I’m asking for clarification. Duh

As I see it USA you have every right to wonder why Mundane wouldn’t just lead his question with: My charges were against my wife who is older than me….
Why babble on about his history for four paragraphs if it wasn’t germane to his post?
Was it an attempt to explain his sentence and the length of his parole…. or an attempt to justify his behavior….who knows?

Correct/thank you. He was very detailed about everything. Then, he sees a 15 year old driving his car and he confronts 5-7 guys in a garage with his wife? So, how did he become a registered citizen with 5-7 guys present and a 15 year old driving his car? How did he know the age of the driver? Was it 5 or 7 guys? Men? Kids? Whose house? How did he find her? The story doesn’t make sense/sorry.

Ahh..The conspiracy theorists.. I see it now..I’m just going to come on to a sex offender site make up some story and not give all the gory details to get a few panties in a bunch. Bottom line he just wants info on how to deal with a parole issue. Did you ever think he’s not comfortable sharing probably the worst decision he ever made in his life? Whatever that was. This is stupid.

Steve, everyone is entitled to ask questions. Perhaps I was inquiring to clarify a few issues? As noted, he was very descriptive with his introduction. Furthermore, everyone is entitled to their opinion. People are beginning to become very defensive whenever someone asks for clarification. I might recommend becoming more proactive, rather than reactive/although that’s just my opinion. Best of luck.

I’ve responded with the rest of my story. I do hope they post it and that satisfies all of your curiosity questions and fills any gaps. If not let me know. I’ll explain the best I can regardless of how relevant I feel it is to my question. Enjoy

*** it went into the spam folder. now posted. Moderator ***

First I wanted to thank everyone who gave me any kind of advice at all. I am appealing it. Right now the 22 request is in case records. It has been denied once already and I’m certain I will get back the second denial tomorrow. I will then appeal it with a 602 form and climb the ladder appropriately. I wanted to address some of the negative feedback I received and explain myself a little bit. I did not come to this site to deny or affirm my charges or how dirty they were. I plead guilty and will leave… Read more »

Thanks for all your effort to complete your story, Mundane Purity. I assumed the (rest of the story) went something like that and having been in a similar situation I understand exactly.
I only wanted to support USA because I understood his dilemma when you seemed to want to complete your difficult situation but stopped suddenly.
Good luck to you in receiving the kind of love and life you obviously deserve.

Sorry to hear all of this and sorry you had to rehash it.

As far as I know, you don’t sign a deal for parole length. Parole length is governed by statute. If anything, you might be able to claim that the plea should be invalidated, but then you’re right back to where you were a few years ago.

I’m not a lawyer, but that’s been my understanding.

Your witness ..usz, usak, usuk..Ooo whatever you call youself.
Maybe uaz ..an apology put forth is in order to Mundane Purity.
….witness is excused.

Mundane. My husband had the same exact thing happen. We both heard the judge say, 6 yrs prison, 3 yrs parole. Once he completed 85% of his sentence, he was paroled. Hid paperwork didnt have an outdate listed. It simply said, until discharge. The parole agent he originally had said he had 5 yrs parole. This would have made him over with cdcr next yr in Nove 2016. At the end of August he was told ………sorry buddy. Its now 10 yrs parole which makes it 2021. 2021!!!!!!!!!!! I was planning on retiring and hub was planning on moving back… Read more »

So, a broader slew of questions come to mind and maybe someone can answer: when did judges lose the authority to define sentencing and the legislature take over the task? Have legislatures been given an exemption to the separation of powers and can come up with laws increasing an individuals debt to society without any new criminal activity by the once convicted? I am confused, is this not ex post facto punishment, is this not what is going on; and if so, who deemed it Constitutional? A question no one can rightly answer, where is the one child that was… Read more »

@mk..I would write to clerk superior court requesting copy of that day transcript and go from there..
Maybe also request a copy of the judge’s clerk transcript record for that particular day..
That’s what I’d do.

I have no idea who is the *decider* One would think the judge was. But as I understand it its is CDCR He plead on the same day jessicas law was voted into effect. But who knows. that statute gives dates, which I have no idea if it has any bearing at all. During the whole thing……..the victim could not remember a date fo one charge ( he plead to two) Almost wish he went to trial. No matter now. I dont have the money to investigate much. I did get a printout from the courthouse on what he was… Read more »

You can buy a certified court transcript from the court reporter. Mine was under $50. You look at the print-out you have now to see his/her name listed for the sentencing hearing date, then locate his/her contact information from the court, and leave a message with the case number, date, name and court. S/he calls back about when and where to meet (usually at some court) and how much to bring in cash. Don’t be surprised if there are some errors.

It’s very unfortunate for you and your husband. I’m terribly sorry to hear this. Here’s where I’m at now: I’ve exhausted my appeals through the 602 process as instructed by a certain attorney whose opinion is very valued on this site. I was told when my appeals process was exhausted I would get further assistance from her. I’m also going to contact the ACLU. I know some attorney somewhere will help because this is huge. It has affected (not sure if it’s affected or effected) so many parolee’s, their families, and other loved one’s lives. I’m going to keep hunting.… Read more »

This issue is ripe for a class action lawsuit. I’ve been waiting patiently for one. I don’t have the legal experience or financial backing to start one personally. But, believe this has happened to enough registered citizen by now that if we pooled our resources and stood together we would win. I was released from parole last winter. My parole ended up lasting five years. I was sentenced 8/6/2006, prior to Jessica’s Law. My original sentence was 3 yrs. of which I did 30 months with good behavior (80%) and 3yrs. parole. I signed my 3yr. parole condition a couple… Read more »

I finally got ahold of a certain attorney who said she would help me. According to her she no longer can due to other legal obligations. I understand. She referred me to Chance Oberstein. I’ve been trying to get something going for months to no avail. I no longer know what to do if this guy cannot help. I still have fight in me but no legal know-how. I’ve completely exhausted my appeals. Good luck everybody and I hope some of you are about it and not just talk.

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