Legal Question in Criminal Law in California

My son was sentenced to California state prison,(2011-2012) was in a fire camp and accused of trying to escape the fire camp(still on fire camp property). was removed from the camp and sent to local jail to await trial on that charge. served several months there(in jail) and finally took a plea deal, worried that he might get more time if it went to trial. Sent back to prison to serve what remained of original sentence plus additional time added. -his sentence has had time added for other various reasons(refusing drug test, got in fight, having not allowed mens magazine etc). Now he recently got a letter from the division of Adult institutions Legal processing Unit, saying his sentence was improperly calculated and it seems as if now they want to add more time? (based on PC 1170.1(c). This is more than 2 years after that court case and he was scheduled to be released in about 10 months. He's served 5 years total so far. Need advice! Does this sort of thing happen a lot? seems like cruel and unusual punishment to me . I know I'm biased, but seems like the system just wants to keep people locked up.

Asked on 9/10/16, 4:19 pm

Joe Dane Law Office of Joe Dane

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Yes, it happens. He should contact his attorney about the letter to verify his credits.

Answered on 9/10/16, 4:27 pm

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