Legal Question in Criminal Law in California
Post conviction relief -need doc's
My husband is currently incarcerated within CA in the DOC and have two issues. CDC iis basising their institutional decisions on charges he was arrested for claiming they dont have anything else for their basis. They sugguested obtaining a letter from the DA's office explaining that there was a trial involved that lead to the final plea. We have wrote letters to the court and DA's office for them to submit showing proof, I have even sent them a certified docket to no avail. CDC is also not giving him credit for time served in county jail.
My question is what type of petition can I file in court to have the DA's office & court show the actions maybe even a docket for the case and have it sent sealed by the court to them?
Also what type of petition to file to show credits granted by court at sentencing?
Thanks
1 Answer from Attorneys
Re: Post conviction relief -need doc's
The information to which you refer should be on the final judgment of the court when he was sentenced. The charges of which he was convicted or plead to should be on this document. It should also contain a statement of the time credits he is to receive. Obtain a copy of the judgment and the court transcript of the sentencing. If this does not provide sufficient information then contact the attorney representing him at the time of sentencing.
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