Legal Question in Criminal Law in California

Hello.My brother who lives in LA,CA.got 3 years sentence on his trial by the judge which he got credit of 396 days being in county jail and after trial he had signed a form for serving of 20 more months with 80%.So he started his state prison sentence on 5/31/2011.My problem is,based on our calculation he should be out on Dec.3/2012,serving only 80% of his time,but his counselor told him he will be out on 1/13/2013.So my brother sent a letter to california department of correction and rehabilitation requesting his calculation worksheet.on the worksheet they have used credit code 4 PC section 2933.1 which means they have calculate his time based on 85% insstead of using credit code 3 PC section (b) 1170.12 which is 80% there is 31 days of difference on his release date.Please somebody explain to me if there is miscalculation and i should go to court and request his sentensing transcript or minutes order or the sentencing given by judge is totally different by CRC.Thank you in advance for any respond.


Asked on 3/05/12, 12:43 pm

1 Answer from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

you cannot go to court for your brother. Only his attorney can. You have a year to worry about it. He may do something in jail to screw up his release date. Or he may get early release with the new crowding measures. Worry about it in November.

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Answered on 3/18/12, 4:39 pm


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