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

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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.
Welcome to JustAnswer.

What he is incarcerated for currently? He would not still be incarcerated for a 1993 misdemeanor.
Customer: replied 3 years ago.
His incarcerrated for sales right now
Customer: replied 3 years ago.
his doing time right now for sales
Sales of what?
Customer: replied 3 years ago.
meth
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 3 years ago.
yes please clarify the answer, i dont understand what do you mean by having a constitutional issue?
Customer: replied 3 years ago.
Is there anything he can do or that i can do reduce his sentence?
(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 3 years 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?

(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.
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Customer: replied 3 years ago.
whats a parole process?
Just the process of being considered for parole.
Customer: replied 3 years 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.
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 3 years 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?

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 3 years 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?
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 3 years ago.
Meaning forbiding me to visit him? Because we were both involved? Im sure ill get approved i was cobsidered suposly a victim.
Yes, that would be a matter of LASD policy not law.
Customer: replied 3 years 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?
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 3 years ago.

how can i check if someone has a warrant?

You would have to check with the court clerk in the county where the warrant would be from.
Customer: replied 3 years ago.

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

Without seeing what you are looking at I have no way of knowing.
Customer: replied 3 years ago.
theres 999999
Customer: replied 3 years ago.

how can my husband do campfire?

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 3 years ago.
is there a time frame to summit the appeal?

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