Legal Question in Criminal Law in California

Prison not applying all credits

I am like really confused. My fiance was sent to wasco state prison. He was only to serve a few short months and the prsion has his release date in 2009. The prison has seperated his credits by the case (there was 2. His credits were awarded consecutively not seprately. I have the report from the courts with me. He was not sentenced to do years, in fact it was 10 months @ 1/2 time. How in the world do i help my fiance to get this fixed? In an email i recieved from the prison 2 days ago it states '' his credits exceeded this case and the remaining time was taken off the cdd for this case'' they cant just make credits dissapear, he was awarded those credits by the judge. And i do have a copy of the credits and how they were awarded. Please help. I want my fiance to come home when he is supposed to not when the prison says so. I do know that the laywer he had has been b4 the judge and they all agree it was never supposed to be years but a very few months. What do i do? This is sooooooo unfair! Thank you


Asked on 6/15/05, 7:29 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Prison not applying all credits

First, you need to go to the court (all courts if there is more than one case) and get the Judgment and Commitment Order. If they do not release him after his sentence is up, you will need to go to court twice -- once to have him released, and once for the free lawsuit you will have against the CDC if in fact things are as you say. Once you have the court documents, WRITE A LETTER to his lawyer, attaching both the court documents and whatever you received from CDC, and KEEP A COPY.

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Answered on 6/15/05, 9:14 pm


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