Legal Question in Criminal Law in California

Criminal court documents.

I was convicted of a crime and sentenced to 30 days. The paperwork I later got from the clerk stated that I was to serve 30 hrs, not 30 days, and it was written out, not just in a check box or something. This document was signed by both myself and the clerk. Does this count as a legally binding document and become my sentence, or is it just a mistake in which I politely shake my head and do the 30 days?


Asked on 12/21/07, 2:18 am

2 Answers from Attorneys
Allen Farshi Law Offices of Allen Farshi

Re: Criminal court documents.

Check the minute order against the transcript or the audio tape recording of the proceedings, assuming one exists. Your attorney may also want to talk to the prosecution's office What the judge says controls.

Read more
Answered on 12/22/07, 3:25 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Criminal court documents.

When there is a discrepancy between what the judge says from the bench and what is written in the abstract of judgment or other paperwork, what the judge says controls. If the judge said 30 days, the 30-hour entry on your paperwork was presumably a mistake.

You should run this by your defense attorney just to be sure, since it is possible that the judge intended the shorter sentence. That seems very unlikely, but it won't hurt to check.

Read more
Answered on 12/21/07, 2:43 pm


Related Questions & Answers

More Criminal Law questions and answers in California