Legal Question in Criminal Law in California

Re: Modified Sentence

Under California law probation can be modified by the court that imposed the sentence. Whether your husband's terms of probation can be modified would depend on several factors, among them would be whether there was a plea bargain agreement, and its terms, or was he found guilty after either a jury or court trial. The reason for requesting modification would also be important.

Contact the attorney that represented him or another attorney in the area where the incident occurred.

Re: Modified Sentence

I'll just suppliment the other attorney's comments. I'll also assume you don't have money to hire an attorney with your husband out of work for 8 months.

There is a one page form available from the court (I believe I found it on the internet a month ago, and just now tried to find it again but couldn't) that is very simple to fill out. It asks the sentencing judge to shorten the sentence. It has a place to set forth some facts to support this request.

Write the criminal clerk and ask for the form. Your husband has to sign it. Even though there is no place for it on the form if I was you I'd write the judge a letter and set forth the facts that would support this.

Your husband with good time work time will serve 2/3rds of the time he was sentenced to. Some jails that are over crowded have an early release program that may involve a few days early release.

If you can't locate the form have your husband write the judge and you write the judge a letter. Put all of his information on both letters such as the judges name, case number, and your husband's booking number or jail number. The clerk will pull the file for the judge to review.

Don't get your hopes up.

Lots of luck - Victor E. Hobbs