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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 02-14-2018, 08:42 AM
Superman1967 Superman1967 is offline
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Post I need help finding a good lawyer that can petition for early release

HI. I am seeking any information that can help me to find a good reasonably lawyer or non-profit that can petition the California State Corrections for the early release of my fiance. He qualifies for 1. Prop 57, 2. SB 261, #. Gun Enhancement. I have not been able to find anyone. Please contact me.

Antonio [Phone number removed - please use private messaging.]

Last edited by nimuay; 02-14-2018 at 09:20 AM..
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Old 02-14-2018, 12:06 PM
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Hi there, and welcome to PTO.

Unfortunately, none of the areas you've mentioned allow for petitioning the court.

Prop 57 is applied to all eligible inmates. Credits are calculated by counselors and computer programs. If you find that their calculation has been made in error, the inmate needs to address this first with their counselor and then, if not resolved, with Sacramento. Non-violent parole processes are automatically determined by the terms of their sentencing and carried out in accordance.

SB 261 is qualification for a Youth Offender Parole Hearing. It's a pretty black and white qualification process. I have a flow chart somewhere in my computers dusty archives, I'll find it and post it here.

The very new and essentially untested Gun Enhancement only applies to those who have yet to be sentenced. It allows a judge to decide, rather than be forced by law, to apply or waive the enhancement. It does not apply retroactively to those already sentenced.

A lawyer would only benefit you if you feel your loved one has been wrongly accused/sentenced and then you would need an appellate attorney.

Last edited by miamac; 02-14-2018 at 12:59 PM.. Reason: added NV parole info
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Old 02-14-2018, 01:20 PM
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Old 02-20-2018, 05:23 PM
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An update regarding the gun enhancements, most appellate courts are saying that the change in the law applies to cases that are not yet final, which includes cases still on appeal. They are remanding those cases back to the trial court to let the judge decide whether to strike the enhancements.
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