Legal Question in Criminal Law in California

Can the courts be sued if they've sentenced you to county jail time and turn around and send you to state prison because the clerk of the court made an error on the court sentencing minutes?


Asked on 2/18/16, 1:22 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I'm afraid not, at least not successfully. You might have other options. That will depend on what happened and when. But suing the courts won't get you anywhere. They're essentially immune from such claims. Besides, it sounds like the error in your case was in your favor. If you ended up with the correct sentence after the court mistakenly gave you a lighter one, then the mistake didn't cause you any harm.

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Answered on 2/18/16, 4:18 pm


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