My question involves criminal law for the state of: California (more specifically, San Joaquin County and Stanislaus County)
Good evening. I was convicted of Welfare Fraud on 12/26/12. This was my first offense (I actually committed the crime in 2006) and I pled guilty. I was given a sentence of 4 years; 2 years probation, 2 years served at half time at the local county jail (San Joaquin County). My criminal defense lawyer had assured me that the county jail was so over-crowded that I would be out within a month. I took the first "deal" offered on advisement of my lawyer. I was remanded and taken to jail at my last court date.
Shortly after entering jail, I was informed that I was considered "AB109" and would then be required to serve the entire year of my sentence and could not be released due to over-crowding. Obviously that was a huge shock as my lawyer told me otherwise and never mentioned the AB109 law to me.
I applied for the only "release option" available to me which was Home Detention, AKA Electronic Monitoring Program (EMP). All paperwork for EMP stated I had to reside in San Joaquin County to be released on home detention. I live in Stanislaus County with my husband and 10 month old son. Luckily, I have wonderful in-laws who are allowing me to use their residence during my home detention. We get along fine, but I would still prefer to go home to my husband and new baby.
I was told by one of the Sheriff's department officers that check in on me that I could have applied for a county transfer of the home detention if I would have chosen to turn myself in rather than be remanded at court. My lawyer never presented that option to me.
Is there any way that I could apply for a transfer to my resident county? Would I be able to write some high muckity muck at the Sherrif's Department to request this? Any advice would be helpful. I have no idea what I am doing and I feel like my lawyer took my money and gave me very bad advice.
Thank you!

