Legal Question in Criminal Law in California

transference of prison time to different facility

My husband turned himself in after a technical violation of his probation in California. Which is where he originally commited the crime, Alien smuggling. We realize that he must serve some time. How ever, we are from a different state then where he is now. We would like to get him transferred to a faiclity in the state we have family, Louisiana. His lawyer says that this isn't possible. We don't understand why it matters. Because he will serve his time and probation where ever we are at. Is his lawyer correct? Or should he be able to transfer to the state we have family in? We have family members that have written letters on our behalf that say they would welcome us in. They are active church members who have never been in trouble.


Asked on 3/23/07, 4:44 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: transference of prison time to different facility

The reason why it matters is that Louisiana taxpayers will foot the bill if your husband is kept in a Louisiana prison. They shouldn't have to pay to enforce California laws or to punish people who haven't broken Louisiana law.

Even within California, inmates from the southern part of the state -- where most Californians live -- are often imprisoned in the northern part of the state, where a disproportionate number of prisons are located. This puts hundreds of miles between them and their families, but little can be done about it.

If your husband's conviction was in federal court, he could be assigned to a federal prison anywhere in the country. The sentencing court has essentially no say as to where the inmate ends up, so your husband's lawyer probably could not accomplish anything by making a request to the judge who presided over his trial.

Read more
Answered on 3/23/07, 2:49 pm


Related Questions & Answers

More Criminal Law questions and answers in California