Raw footage of this morning's press conference OCDOC.
http://www.wftv.com/video/28753891/index.html
OC DOC: "Its not uncommon for offenders to spend at least part of their probation in jail."
Reporter questions her on this
Something to the effect that for most of us, we understand probation as something that is completed outside of jail. He asks her to explain how those two things could happen simultaneously?
She replies:
We have offenders who come on to probation, then get arrested. If theyre arrested
just because they are charged does not mean they are convicted. If the offender is jailed during what would have been probation time, and then new charges are dropped, or they do not get a conviction, then generally their probation will count during the jail time.
It appears that this example is for a case where a person is on the outside on probation, and gets arrested for a new charge, someone who has served time, been out on parole, tried to make it in the world. The person is then charged of a new crime and jailed; therefore, this parolee is not able to work or complete other duties of probation. Someone may have wrongly accused that person knowing that person was on parole.
My understanding is that since the person was not convicted on the new crime, allowing that person that probation time served gives that person the benefit of the doubt of not violating the probation taking place on the outside.
IMO this example she cited is a different circumstance from KC. Her example makes sense to me. The parole time served in jail time for a dropped charge makes more sense to me. I think that would be fair in that case.
IMO The difference here is that Casey was not outside making good on her checks, supporting herself, making a good attempt at being a parolee or productive citizen, and then wrongly accused of murder.
:waitasec:
Maybe I am not thinking clearly...I am tired today
Regardless ....whether or not one can serve probation in jail is not the issue...the sentence was for her to serve one year after release from jail. It was only made unclear as she was up for a murder trial after the check charges. The judge showed no bias by stating that if she is acquitted, she would serve that probation when she was released from jail. That makes sense...to me anyway.