Legal Question in Criminal Law in California
My fianc� was out and bail for kidnapping, he was fighting it. There are many things that made him believe he could win this case. It was between him and his now ex-girlfriend. He had bailed her out of jail three days prior to him being arrested on this charge. The day that all this took place he was looking for her because the bail company called him and told him that she had not shown up to take their picture and pay the 400 $ she agreed to pay as agreed upon as part of the stipulations of being bailed out by this company. Therefore, because he had signed for her they called him and let him know that if she did not show up they would be revoking her bail. Therefore, he went looking for her and when he found her, she did not want to go see them because she did not have the money as she agreed and was scared of being arrested at the bail company. So he was yelling at her to get the f.. in the car. It was about midafternoon so there were people outside that heard the argument so the called 911. She ended up getting in the van and they left. Within 20 minutes, they pulled him over and arrested him. They at first charged him with all misdemeanors and at the first arraignment in court, his lawyer said that he had discussed it with the judge already but had to still talk to the D.A but it looked like they were going to give him 56 week anger management classes. The lawyer talked to the D.A and she said that they were refilling new charges of kidnapping. He ended up sighing for 11 years 8 months and he got 5 for the kidnapping 4 for prison priors 2 for committing a crime while out on bail. Of all those he is eligible to receive � time on. The kidnapping charge because it is a violent offence you must sever 85% of your time. If you look at this case, you can clearly see that there was no violence. He has to serve the 11 years at 85%. What I wanted to know is if there is anything that he could possibly do to get the 85% reduced to � time. He agreed to the deal because he knew that he didn't have the best track record and then getting arrested while out on bail that his chance of winning the jury trial weren�t looking as good and didn�t want to take the chance of getting 25 years. He has never been convicted of any violent crime. Please if there is any information on sentence reduction and how to obtain it that you could give me to possibly help him I would greatly appreciate it
1 Answer from Attorneys
Any questions he wanted answers to should have been asked before he took the deal and entered his plea. Too late now. You trying to argue the background facts is now pointless.
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