Legal Question in Criminal Law in California

I am a legal advocate. I have a client who accepted a plea bargain, but has found an error in his minute order. The error could potentially change his sentence. Can the error be revealed and his sentence revised if he has accepted a plea bargain?


Asked on 10/16/10, 8:55 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

What matters is the abstract of judgment, not the minute order. And if the sentence stated in the abstract differs from what the judge said in court, then what the judge said controls. That is true regardless of which version is more favorable to the defendant.

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Answered on 10/21/10, 9:14 pm
Anthony Roach Law Office of Anthony A. Roach

Legal advocate = Unauthorized Practice of Law = misdemeanor + ineffective assistance of counsel.

Attorneys in California are prohibited by the Rules of Professional Conduct from aiding others in the unauthorized practice of law.

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Answered on 10/22/10, 8:38 am
Terry A. Nelson Nelson & Lawless

Legal advocate = attorney, who should know the answer to this. If not a licensed attorney, the 'legal advocate' is committing the crime of practicing law without a license, and without the knowledge necessary to do it right.

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Answered on 10/22/10, 9:53 am


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