View Full Version : Minute orders vs Abstract of judgement
dogs2u 07-06-2008, 03:15 AM I'm hoping I'm not the only one who has had this problem. I'll try my best to explain. According to the minute orders a 3 year sentence was given with all charges running concurrent ( case A and case B), with 432 days credit for time served. But on the abstract of judgment there is a box titled "Credit for time served", and in the box all 432 days credit were applied to case A. Case B has 0 days credit.
Now CDC records determined that more prison time can be served using case B because 0 days were given for time served. I talked to a person in records and told her to look at the minutes order. She told me they don't go by the minute orders because they don't have to.
My son filed an appeal, but there are 6 people that work in the appeals office for all 170,000 plus prisoners. I talked to them and told them if they didn't speed things up my son would spend more time in prison than he should. I was told that that is possible.
This whole thing is no longer a NIGHTMARE it's TWILIGHT ZONE. The system is soooooooo broken it is beyond repair.
Would it do me any good to go ask the Judge that sentenced him to fix the paper work? Any help on this would be greatly appreciated.
The CDCR is interpreting the credits correctly. Case credits, by law, are specific to a case. They are not applied to both cases, or even split between the cases. Credits are given for the time served specific for each case. The law forbids giving dual credits (getting the same credits for both cases, if they are separate crimes). For example, if he was arrested for Robbery and later they added a Burglary charge, all the credits would be applied to the Robbery case, and he would get no time credits for the Burglary case.
Concurrent means the cases are being served at the same time, not that the cases start and/or stop at the same time.
Thank you JLS, that actually made sense. However, if a prisoner is kept past the date they should have been released, doesn't CDC have to pay that said inmate $100 per day for every extra day served? (Now collecting on that is another issue completely)...
If an inmate is kept past their release date, the 'extra' days are taken off the end of their parole period. They are called "In Re Sosa" credits. The only time I have heard of inmates getting money for being incarcerated is when they were wrongfully convicted. Then they have to apply to the State Board of Control for the money. Even then, if the State Board of Control believes the inmate was freed but may have some culpability, they will deny the claim.
2sleepy 07-07-2008, 12:56 PM I'm hoping I'm not the only one who has had this problem. I'll try my best to explain. According to the minute orders a 3 year sentence was given with all charges running concurrent ( case A and case B), with 432 days credit for time served. But on the abstract of judgment there is a box titled "Credit for time served", and in the box all 432 days credit were applied to case A. Case B has 0 days credit.
Now CDC records determined that more prison time can be served using case B because 0 days were given for time served. I talked to a person in records and told her to look at the minutes order. She told me they don't go by the minute orders because they don't have to.
My son filed an appeal, but there are 6 people that work in the appeals office for all 170,000 plus prisoners. I talked to them and told them if they didn't speed things up my son would spend more time in prison than he should. I was told that that is possible.
This whole thing is no longer a NIGHTMARE it's TWILIGHT ZONE. The system is soooooooo broken it is beyond repair.
Would it do me any good to go ask the Judge that sentenced him to fix the paper work? Any help on this would be greatly appreciated.
Your son probably had an attorney or public defender? Call them and explain the situation, they can probably get the judge to do a corrected abstract of judgment within a few days. I don't see any other way around this. If you can get it corrected - then get a copy for yourself and maybe JLS can tell you where to have one sent- I'm guessing records?
And they are calculating the credit correctly based upon what they have in front of them, so I don't think appealing it with CDCR will be successful.
Gryphon 07-07-2008, 08:42 PM The credits in teh abstract migth very well be correct. In general, there is a prohibition against teh dual use of credits, so they won't be going towards more than one case. Judges and DAs paly credit games all teh time, and likely knew tha structuring teh sentence this way in effect extended actual custody time by teh length of credits taht were awarded (since teh zero credit case was controlling).
(For instance, you'll get an out date change of theose credits could be split between those two cases. Applying credits in a concurrent tiem case can significantly impact the out date!)
If your son contacts teh trial lawyer, and if that lawyer can support the argument that the defendant didn't get the benefit of his bargain, then the lawyer can help out be calendaring the case for review or motion. HOWEVER, there is possible danger. The fix could be a motion to set aside the sentence and the plea, which might not be ultimately in the defendant's best interest. The loss of those crediots might be worth it to not force teh issue and risk what might happen in a sentence do-over.
Your son probably had an attorney or public defender? Call them and explain the situation, they can probably get the judge to do a corrected abstract of judgment within a few days. I don't see any other way around this. If you can get it corrected - then get a copy for yourself and maybe JLS can tell you where to have one sent- I'm guessing records?
And they are calculating the credit correctly based upon what they have in front of them, so I don't think appealing it with CDCR will be successful.
dogs2u 07-08-2008, 09:24 PM First, thanks to you all for your support. When I first started this process with my son I was sure that the system was fair. When the DA, judge and lawyer when behind closed doors for what is called a conference I was concerned. But I was sure my sons attorney was looking out for his best interest. Nothing could have prepared me for the answer that his attorney gave me when I called him to tell him that there was a problem. That CDC wanted to add 35 days to his sentence, and that what he had told my son, and me, was 11 months with good behavior. OK so my rose colored glasses are off now. He knew that they could have given 5 years credits to case A, but he also knew that case B would yield more time as the controlling case. They all knew it, except for us. So what really happened here is my son did jail time, 299 days for case B, with good time it worked out to 432 days, which was applied to case A.
|
|