Legal Question in Criminal Law in California
post-sentencing problems
how would i go about obtaining a tall waiver or a transcript of sentancing for my husband who has been sentenced and is serving a prison term? would ther be details of his sentencing terms and the plea bargain he made with the district atty? if not, is there anything i can request which will provide me with this information, and how do i go about getting it?
i agree
2 Answers from Attorneys
Re: post-sentencing problems
There are several potential sources for the terms of the plea bargain agreement.
Judges often write the terms of the plea bargain in the file. Court room clerks sometimes write down the plea bargain terms.
The best source in the court reporter, who reported the taking of the plea. If your husbands attorney did a good job for him the terms of the plea bargain should be recited on the record, and recorded by the reporter. The name of the court reporter can be obtained from the court administrator. The cost is usually quite reasonable.
Re: post-sentencing problems
The Tahl waiver, if there is one in writing, will be in the court's file, available to anyone for the asking. The sentencing order will be there, too. You can have copies made. The terms of the plea bargain might be there, but more likely, they won't. Ask his attorney for those terms. The DA probably won't talk to you about it. Good luck.
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