Legal Question in Criminal Law in California

Early Release

I heard of a case where someone was convicted and serving so many years of his sentence, when the victim's family realized that they no longer wanted the inmate incarcerated. So they began writing letters and talking to the right people and were able to get his sentence either reduced or even get his immediate release! Has anyone ever heard of this happening? If you can get FULL support from the victims family, or even the victim themselves, is it possible to get time taken off or even a release?

Thank you in advance.


Asked on 4/25/07, 5:47 pm

2 Answers from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Early Release

I have not heard of that in California.

A sentence cannot be reduced after a judgment is final and someone is serving their time because the court that has sentenced them has lost jurisdiction to do anything further in the inmate's case.

The victim can assist in the release of an inmate when the inmate has done the minimum time necessary to be eligible for parole and speaks to the parole board when the inmates parole hearing is scheduled. There are many factors the parole board looks at when considering parole and input from the victim is one of them.

Good luck,

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Answered on 4/26/07, 3:28 pm
Terry A. Nelson Nelson & Lawless

Re: Early Release

Dream on, such stories are fairy tales. The only way of getting early release is by commutation of sentence by the governor, or modification of sentence by the court; neither of which is going to occur simply by you writing letters. If you're willing to spend the time and money to go through the legal process, with no guaranty and little likelihood of successful outcome, contact me to discuss the realities.

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Answered on 4/25/07, 6:16 pm


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