Sentence Modification

[lida500]

My question involves criminal law for the state of: CA
Any useful info on correct procedure, good results for sentence modification. How can I get the jydge to lessen sentence for my husband?

[Mr. Knowitall]

It will depend on the facts. Your husband should consult a lawyer with the details of his case.

[lida500]

Okay I have talked to two attorneys both say don't both hiring an attorney, waste of money, he took a plea 2 years 8 months, serving a state sentence in local custody, with a no spilt no tail stipulation in the plea so that the D.A. would not file any other charges. Will get out in June 2013, sentenced on March 22, 2012. Charges are Rec Known Stolen Property, (F) +$950.00, Burglary 2nd degree. No violence, doesn't have strikes, had been off parole for 5 years, no issues, maintained employment, clean & sober, last year relapsed substance addiction issue, and broke a window in a Lexus and stole a bag, security officer witnessed. Sentenced under CA AB-109 Law not eligible for probation, sentence over one year, and signed "no spilt, no tail". One stragedy thinking of, file pro per a motion for sentence modication, siting hardship on family, disabled daughter having difficulties in school, new found spirituality, has job still, family financial hardship & no other support system could become homeless (was not issue time of sentencing -wife had filed for divorce, but since has reconciled with him) Also, "unusual case" where interests of justice would be served if probation was granted & released on home detention program, would free up sheriff's dept. overcrowded, low on staff, & could work and contribute to responsiblities, and pay for electronic home monitoring, continue substance abuse meetings, and religious practice. Filing a "Writ of Habeas Corpus" on the grounds his constitutional rights are being violated, with unsafe, unusual punishment, staff is overwhelmed with more than double usual population and are forced to keep prisoners on lockdown 23 hours per day, three men to a 12by 10 cell, not allowed to physcial exercise, punished for working out in cell, and unhealthy conditions, whereas one cellmate refuses to brush teeth.
Opinions on the better strategy?

[PTPD22]

Okay I have talked to two attorneys both say don't both hiring an attorney, waste of money

I think that about says it all. You have two different attorneys that are turning down your money. They are telling you that because they cannot, in good conscience, take your money when they know your case in unwinnable. With your husband's prior felony record (and you familiarity with the vernacular makes it clear that you have spent quite a bit of time working through the justice system with him), substance abuse problems, and the seriousness of these newest crimes, it sounds like he already got a reasonably good deal at sentencing. With the way CA is releasing felons already, due to court ordered de-crowding, the very fact that they incarcerated him shows that the state feels his crimes are serious and he is a danger to reoffend. So, trying to argue the opposite....well, I think that ship has already sailed.

[lida500]

Thank you for taking the time to reply to ny post, one thing I will say, I earned my Masters & went to Paralegal school 20 years ago. I have never had to use any of my legal knowledge concerning my husband before. We had a great marriage for 6 years & then last year he relapsed and starring using again. Don't make assumptions, you know what they say u make an ass out of u & me.