Legal Question in Criminal Law in California

i have been sentenced to 150 days in jail i have a 1 yr old son and another on the way im the soul provider for my family i need to swich my time to a different county that offers work exchange so that i dont lose my job or our home how would i go about that? the charges are dui with a addition of minor under the age of 14.


Asked on 12/26/09, 4:46 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

My first question is did you have a public defender represent you? If you did you need to get their assistance. As to your circumstances It really depends on what County you are in. Some counties cut off work exchange at 90 days, and depending on if the county will count the credits or not you can still get work exchange with a sentence of 120 days. However there are some counties that will not count the credits. So depending on the county you're in, you may be required to serve 30 days and then once the time is reduced to 90 days you may be eligible for work project. If the public defender did not represent you, and you had a private attorney then the attorney should be helping you with this matter. If you simply pleaded then ask the court to appoint a public defender for sentencing, and then have the PD request that sentence be reduced due the hardship. You could also try approaching the DA and request they stimulate to a reduce sentence in the interest of justice due to the circumstances. However, I really don't think that would help you. I suggest you contact the PD's office or ask the court to appoint a PD for you.

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Answered on 1/03/10, 6:11 pm


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