Legal Question in Criminal Law in California
Criminal Defense - Add'l Sentence While Incarcerated
Dear Law Guru(s):
A civil attny, I have agreed to help an incarcerated youth (''KID'') with the following situation: While doing time in Juvenile facility, there was a group disturbance for which my KID and another Ward were charged, plead & sentenced to 4 add'l years (consecutive) to be served in the adult prison. Only these 2 out of 10+ wards involved were charged. They refused to make statements during the internal investigation. Injuries from the fight were a split lip and a gash over the eyebrow of the ward who started the fight (and not charged). Since the sentencing for this charge KID was sent to CYA and has been an exemplary ward. (2+ yrs). His time for the original offense has been reduced by 1+ yrs. and with continued good-time credit he should be released in Fall '08...only to be sent to serve another four years in the adult facility. What a waste of life, not to mention counterproductive to his rehabilatory efforts.
Any suggestions on how to get his sentence set aside, recalled, removed, revoked, rescinded or eliminated in any way????
I appreciate any direction you can offer.
1 Answer from Attorneys
Re: Criminal Defense - Add'l Sentence While Incarcerated
No one can respond to your question without further information. You need to obtain a transcript of the proceedings which resulted in the 4 year consecutive prison term and pay an attorney to review the record.
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