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  1. #1
    Join Date
    Jun 2016
    Posts
    1

    Default Prison is Not Respecting Release Date Set in a Plea Bargain

    My question involves criminal law for the state of: California
    my son was held in a county pre trial facility for two years before they reached a plea agreement. He was sentenced to 5 years with credit for time served and good time, 1 day for 1 He was to return to prison to complete 41/2 months then be released with no parole. He would be finished. He was to be released on May 11th After he returned he was told his release date would not be until October. Last week he was notified that he would be released ON parole to the county where he was arrested. And must establish residence. I believe this is breaking the plea contract that he signed. What can I do? I am his mother and I live in another state with no family in the state they are releasing him to. What can I do?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: State Prison Not Abiding by Plea Contract What Can I Do

    What matters is what the court sentenced him to serve. The is what the Department of Corrections has to go by. So start by reading the actual sentencing order. Note that it may well be that some period of parole after release is mandated by the sentencing statute for the class of offense he committed; if so, he won’t be able to get release without parole. It may be worth having a California criminal defense attorney read the sentencing order and explain to you exactly what your son had to serve.

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