Legal Question in Criminal Law in California

My fiance is currently incarcerated in the state of California at Calipatria state prison. His release date is supposed to be April 24th, 2010. Hes at the end of a 10 year sentance. The last week of January he was surrounded by 5 other inmates and fought involuntarily. They attempted to charge him and one of his associates with willfully participating in a riot. When they presented evidance that they did not willfully fight the charge was changed to participating in a riot and they were found guilty. I was wondering if they are allowed to just change a charge to be able to find them guilty? If they can just change the charge how much additional time will be added to his sentance for participating in the riot?


Asked on 2/28/10, 6:29 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

I'm a little confused here. Was he formally charged with a crime, or was this a disciplinary proceeding at the prison?

In a criminal case, the judge can allow the District Attorney to add new charges all the way through the trial, if those charges are supported by the evidence.

Without knowing if he was convicted in criminal court or charged in an administrative proceeding, it's impossible to tell how much additional time he will get. The prison could take away some of his good behavior time, which would delay his release. If he was convicted in criminal court, it sounds like he was charged with a misdemeanor, which could result in up to a year in jail.

His prison counselor should be able to provide a calculation of his new "out date."

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Answered on 3/06/10, 11:13 am


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