Legal Question in Criminal Law in California
Hello, my name is priscelda. my daughters father is in county jail in solano county, his release date is sept. 27, 2011. which is soon....however our daughter birthdate is sept 7, 2011. so my question is, is there anyway for him to get out 20 days early?
he has been working in the kitchen & outside since he's been in there but they say his good time or/and work time credit has been given to him at the beggining of his sentence.
Is there ANY way to get him released by or on sept 7th?
2 Answers from Attorneys
No. The gentleman will have to miss his daughter's birthday celebration. That is not remotely sufficient reason to let him out early.
The only way to do that is ask the court to modify his sentence. If he's in the county jail then he is either serving a sentence on a misdemeanor or a felony probation. Which means he probably agreed to the time in some sort of plea agreement. If that's the case, he will need to have an agreement with the D.A.'s office to modify his sentence before you ask the Court to do it. As you can imagine, it wouldn't be okay for the D.A. to come after the agreement and ask for more time, so goes the argument of the D.A., so, the defendant can't come back and ask for less than he agreed to. It's difficult and unlikely. But the worst that can happen is that he's told "no."
Good luck,
Elena Condes
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