Legal Question in Criminal Law in California

sentencing in California

The question I have is regarding my fiance's criminal case. We hired an attorney to help with this but it seems to me that he really didn't do much for my fiance at all. I'm not going to get into detail about the crime itself, but rather the sentencing procedure. Eleven years ago he had done some prison time for evading arrest and some drug charges. That record remains and was a big decision for the sentence that he just recieved. Why wasn't his record expunged? And why didn't his attorney request a bail reduction? Those are two of the main questions that I have right now. I did ask his attorney why there was no request for a bail reduction and his answer was that the judge would never have granted it. How can he be so sure without even asking for it? Please help me shed some light on this issue. If you need to know more about the case please feel free to ask.

Jennifer


Asked on 8/16/03, 10:06 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: sentencing in California

feel free to email me directly for a free evaluation/consultation regarding your case.

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Answered on 8/16/03, 11:09 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: sentencing in California

Expunging as it is called in California, removes therecord of the conviction for only limited purposes. This process does not remove the conviction for criminal puposeses. Also I assume that the attorney was familar with the local court practices regarding setting bail. Bail is based on a number of factors including public safety the nature og the crime and the criminal history of the defeendant.

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Answered on 8/16/03, 11:43 pm


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