Legal Question in Criminal Law in California

Defendant in need

I need to know if a defendant who has pleaded guilty and while awaiting sentencing is diagnoised with stage three prostate cancer and conjunctive heart faliure, if there is a law and what that law is that states they cannot be incarcerated while under the treatment of their doctor until the doctor releases them as non-life threating. Thank you for any feed back or answers.


Asked on 2/27/06, 9:39 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Defendant in need

An attorney may bring the matter before the court and have his bail reviewed or waived to allow for treatment, or, adjust the surrender date to accommodate. Call me directly at 16192223504.

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Answered on 2/28/06, 2:02 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Defendant in need

Depends on the usual sentencing factors including the convicted offense(s), the defendant's priors if any, whether he has a good lawyer, etc. If it's murder, don't expect any breaks. Otherwise bring all your medical documentation to court.

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Answered on 2/27/06, 9:44 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Defendant in need

There is no such law. He may be able to persuade the judge to give him some sort of break, but how much discretion the court has will depend upon what crimes were involved. He needs an attorney in order to maximize his chances, so I hope he has one already.

Keep in mind that prisoners have access to medical care (though not as much as they should), so being imprisoned won't necessarily prevent him from receiving whatever treatment he needs. Many inmates are seriously -- even terminally -- ill, so the corrections department deals with serious medical conditions all the time. Depending upon the individual's circumstances, he may even have better access to health care while behind bars than he did on the outside.

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Answered on 2/27/06, 10:00 pm


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