Legal Question in Criminal Law in California

What would constitute a prison prior. My husband has only been to prison twice for his charges but is being charged with multiple prison priors


Asked on 2/28/11, 8:47 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Under 667.5(b), a prison prior is for a case where the defendant did not remain free from custody for 5 years before the new offense. It is one 667.5 for each trip to prison, not per case. If 2 cases resolved together with one prison sentence, one 667.5. It is also one per case, so if there was a prison sentence and a subsequent parole violation, that's one 667.5, not 2.

His attorney is going to have to review the rap sheet and records to sort this out.

Read more
Answered on 2/28/11, 11:06 am


Related Questions & Answers

More Criminal Law questions and answers in California