Legal Question in Administrative Law in California

calif dept of corrections does not permit son to visit inmate father

My hubby is an inmate at CDC and our son is not allowed to visit based on arrest records that on Title 15 sec. 3177 states that minors can't visit not have family visits if arrested for 264.1 being one of the arrrest charges. However it was not proven/disproven in court that it happened case was a mistrial hung jury & took deal & remaining charges dismissed due to plea negotiation. CDC is saying it--name removed--going by arrest reports they dont have transcripts or anything. He has appealed it & is coming up on his final appeal where then we can take it to court. The individual in this case was a known prostitute & known of the evidence (dna) was linked to him and statements were inconsistent. What can be done if case was dismissed the charges were never proven nor disporoven the jury was 7-5 in favor to aquit. Meanwhile our son cant visit his father & we cant have family visits? Is there anything we can do hire an attny could one help is the case possible to accomplish or are we out of look due to plea bargain?


Asked on 10/26/04, 7:11 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: calif dept of corrections does not permit son to visit inmate father

A guilty plea, when accepted by the court, has the same effect for most purposes as does a conviction after trial. I do have two suggestions to offer.

First, re-ask the question on LawGuru under a different topic heading such as criminal law. While your question might technically come under the heading of administrative law, lawyers who practice criminal defense would be better informed on the issues you raise.

Second suggestion is to try to get an appointment with a deputy public defender in the county where the plea bargain was made. The public defender's office MAY have the time and willingness to assist you.

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Answered on 10/26/04, 7:50 pm


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