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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1342
Experience:  Experienced Criminal Trial Attorney since 1998.
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Hello my husband is an inmate he had a a misdemenor for battery

Customer Question

Hello my husband is an inmate he had a a misdemenor for battery corporal injury in 1993 wil he be allowed to get conyugal visits? Also is eligible for the ninth cuircut appeal now that he is a non violent inmate.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 11 months ago.
Welcome to JustAnswer.

What he is incarcerated for currently? He would not still be incarcerated for a 1993 misdemeanor.
Customer: replied 11 months ago.
His incarcerrated for sales right now
Customer: replied 11 months ago.
his doing time right now for sales
Expert:  Legal-Guru replied 11 months ago.
Sales of what?
Customer: replied 11 months ago.
meth
Expert:  Legal-Guru replied 11 months ago.
California state prisons do offer conjugal visits, but it is a privilege not a right meaning that the inmate has to have a clean record while in prison and be of sufficiently low security risk. If he is in federal prison, they do not allow conjugal visits.

The Ninth Circuit Court of Appeals is the federal appellate court sitting in California but which covers several western states. Assuming he is a state inmate he would have to have a federal constitutional issue to get before the Ninth Circuit.

Customer: replied 11 months ago.
yes please clarify the answer, i dont understand what do you mean by having a constitutional issue?
Customer: replied 11 months ago.
Is there anything he can do or that i can do reduce his sentence?
Expert:  Legal-Guru replied 11 months ago.
(1) A constitutional issue means that there was some constitutional violation such as an illegal search.

(2) All that he or anyone can do is to be a model inmate and wait for the parole process. California's prison population is busting at the seems so he may eventually benefit from that, but to do so he needs to demonstrate that he is not a risk for re-offending by not violating any prison rules.
Customer: replied 11 months ago.

i understand already.


Another thing, for the visiting forms to be processed, what are the reason i can get denied?


 


When they transfer inmates to state prison, do they send them out of state? can he be close to me?

Expert:  Legal-Guru replied 11 months ago.
(1) Normally, it would be his actions that would get him denied such as disciplinary problems. If you have a criminal history or past violation of prison rules that could also result in denial.

(2) They can transfer prisoners out of state but most are not. Whether he is close to you or not just depends on where he gets assigned which depends on several factors but most importantly the capacity at the different state prisons.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1342
Experience: Experienced Criminal Trial Attorney since 1998.
Legal-Guru and 10 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.
whats a parole process?
Expert:  Legal-Guru replied 11 months ago.
Just the process of being considered for parole.
Customer: replied 11 months ago.
Parole means they are out but with restrictions, so they can do half there time and be considered for parole? Does every inmate cualifies for that? Im sorry but i am new at this and i want to know every doubt i have in mind.
Expert:  Legal-Guru replied 11 months ago.
Parole is not automatic. Inmates have to go before the parole board who will look at their crime, their prison record including disciplinary actions if any and positive things they have done such as completing educational classes and/or rehabilitation programs, their criminal history, their attitude, and any other factors they deem relevant.

I cannot tell you exactly when he will be come parole eligible, but non-violent crimes such as drugs usually get consideration earlier than people convicted of violent crimes or sex crimes. Your husband should have a case worker who can tell him when he will become parole eligible. If he is granted parole, he will have restrictions similar to being on probation. Violating those conditions especially committing new crimes could result in his parole being revoked and being sent back to prison to complete the remainder of his sentence.

Wish you the best!
Customer: replied 11 months ago.

i have another inquiry, when we both got arrested, everything was in my house and i took the responsibility for it, but they was investigation and when i went to court they took all my charges off, so my question is do i still have a record? because i did do 2 days in the substation jail and bail out?

Expert:  Legal-Guru replied 11 months ago.
You will have an arrest record but not a record of being convicted of a crime. In fact, it sounds like you were probably never charged with the drug crimes.
Customer: replied 11 months ago.
no i never did any crime but i go to the LASD.org page and look for my name and it appears with a felony. Is the arrest charg going to affect me to get accepted to visit my husband?
Expert:  Legal-Guru replied 11 months ago.
There is no law barring you from visiting him, but LASD could have a policy that forbids it. You would have to contact LASD and ask them. I do not have access to their policies.
Customer: replied 11 months ago.
Meaning forbiding me to visit him? Because we were both involved? Im sure ill get approved i was cobsidered suposly a victim.
Expert:  Legal-Guru replied 11 months ago.
Yes, that would be a matter of LASD policy not law.
Customer: replied 10 months ago.
My husbands mother lives in the border of mexico she cannot travel far away due to medical reasons, what does she need to do so she can have her son transfered to the nearest prison to her?
Expert:  Legal-Guru replied 10 months ago.
Welcome back to JustAnswer.

Your husband would have to make the request. Given prison overcrowding in California, however, I would not have high hopes of his request being granted. Prison placement mostly depends on the prison capacity and the risk level they assign the offender.
Customer: replied 10 months ago.

how can i check if someone has a warrant?

Expert:  Legal-Guru replied 10 months ago.
You would have to check with the court clerk in the county where the warrant would be from.
Customer: replied 10 months ago.

what does it mean when it says next court case and theres XXXXXXXXX /p>

Expert:  Legal-Guru replied 10 months ago.
Without seeing what you are looking at I have no way of knowing.
Customer: replied 10 months ago.
theres 999999
Customer: replied 10 months ago.

how can my husband do campfire?

Expert:  Legal-Guru replied 10 months ago.
I am not familiar with the term "campfire". Also, since the original question and related follow up questions have been answered, the terms of JustAnswer.com require that you post new questions in a new thread. I have bent the rules a little and answered several questions that are not related to the original one, but I cannot continue to do so in this thread. Hope you understand.
Customer: replied 10 months ago.
is there a time frame to summit the appeal?

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