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  1. #1
    Join Date
    Jul 2006
    Posts
    5

    Default Destroyed transcripts in California

    went to get sentencing transcripts and told they had been destroyed.the hearing transcripts i understood they had but we needed the sentencing.Ca probation wanting to give 3 yrs prison for probation violation of 14 yrs. have the$58oo.oo restitution payed . but i say they gave me 3 yrs probation and they say 5 besides probation department where else can i obtain records of this case? also my lawyer isnt doing a whole lot for me. i have character letters of referance with out the transcripts should this case be dismissed. the $$$$ all paid.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: destroyed transcripts - please help

    If there is a dispute over what disposition it was that you received, I would question why you must have the actual sentencing transcript to resolve that dispute. The disposition should have been reduced to an order or judgment and filed with the clerk of the court that sentenced you, so I would be looking for those documents.

    If a transcript is destroyed sometimes the court reporter may be able to produce another one even if the proceedings occurred years ago--this varies from court reporter to court reporter.

    If you are unable to resolve it by the above you may be able to reconstruct or recreate the sentencing--this usually involves putting on evidence with the end result being that the court makes finding as to what actually transpired in sentencing as well as what the disposition was.

    Finally, I have seen cases thrown out where transcripts were destroyed and where a substitute record could not be reproduced but those cases concerned appeals of trials where the defendants were convicted--and the end result was that the defendants obtained a new trial.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: destroyed transcripts - please help

    If the sentence transcripts were prepared, they may still be in the files of the lawyers involved in the litigation for which they were prepared even if the court no longer maintains a copy. As Litigator notes, it may also be possible to get a copy from the court reporter.

    How long ago was the sentencing hearing?

  4. #4
    Join Date
    Jul 2006
    Posts
    5

    Default Re: destroyed transcripts - please help

    If the sentence transcripts were prepared, they may still be in the files of the lawyers involved in the litigation for which they were prepared even if the court no longer maintains a copy. As Litigator notes, it may also be possible to get a copy from the court reporter.

    How long ago was the sentencing hearing?

  5. #5
    Join Date
    Jul 2006
    Posts
    5

    Default Re: Destroyed transcripts in California

    14 yrs ago

  6. #6

    Default Re: Destroyed transcripts in California

    In Ca, there is usu a Sentencing Sheet in the court file, along with the court's copy of the transcript of the plea (usu sentencing is immediately following the plea & it recites the terms of the plea bargain). ... I assume this was a plea and not a conviction by jury ...

    I think OP is saying Probation doesn't have a copy of the 'transcript'....

    As was said, the court reporter can provide you with a copy, but you have to pay for it yourself.

    Most felonies in CA can be either 36 mo or 60 mo probation; it depends on the plea offered by the DDA or the sentence given by the Judge after conviction by jury/court trial.

    OP: the court clerk can tell you how long probation was; if you were represented by the PD, that office can tell you, for how long your probation was ordered; and you can purchase a copy of the plea & sentencing transcript from the court reporter (the court clerk will tell you how to contact the reporter).

    OP, I think you may be out of luck. I've never seen a Prob Officer who wanted to keep his caseload going on expired probationers. They're usually overjoyed to see probation terminate.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Destroyed transcripts in California

    Most courts have a records retention policy, the terms of which may not require them to maintain transcripts for fourteen years. Your lawyer should be able to determine the policies which apply to the court in question, and whether they followed their own rules.

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