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attyadvisor, Attorney
Category: Criminal Law
Satisfied Customers: 7061
Experience:  29 Years of Criminal Law experience
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I have a legal question in regards to my husband. California

Customer Question

I have a legal question in regards ***** ***** husband.
JA: What state are you in? It matters because laws vary by location.
Customer: California its in regards ***** ***** modification
JA: Has anything been filed or reported?
Customer: He was sentenced to 5 years to be served at 50% time the judge said when he sentneced him if he was serious about dropping out of the gang he would only serve 5 years but the way CDCR calculates the time they are not giving him the 50% time for a year that he was waiting transfer to a mainline. He has received documentation from the CDCR that he has completed the drop out program even has letters from the teachers in the prison. Can we ask the judge to modify his sentence to 5 years flat since thats what the judge that he was going to do
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats al all
Submitted: 8 months ago.
Category: Criminal Law
Expert:  attyadvisor replied 8 months ago.

Welcome to JA and thank you for your question. It will be my pleasure to assist you. I believe that you are referring to

California's Gang Sentencing Enhancement Law Penal Code 186.22 PC. Is that correct?

In any situation where a person wants to have their sentence modified/reduced the inmate would petition the court.

The court has the ability to modify/reduce sentences on criminal convictions. You would have him petition the court and request a hearing before a Superior Court Judge to explain the circumstances and why a reduced sentence would be appropriate. He has all of the necessary paperwork.

Which Superior court branch was your husband convicted in?

Expert:  attyadvisor replied 8 months ago.

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