Stockton, CA asked in Criminal Law for California

Q: How does a judge consider the risk of Covid-19 when sentencing someone with documented medical conditions (high risk)

I have several medical conditions that place me at high risk for Covid-19, and currently awaiting sentencing which has already been rescheduled once, and if the county jail gets an outbreak of COVID-19 while I am incarcerated, it would pretty much be a death sentence for me. I have really bad asthma, uncontrollable high blood pressure, and had a stroke in November of last year, and another a few weeks ago. How is this taken into consideration when sentencing, and what arguments could my attorney raise to justify an alternative sentence?

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1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

every case is different; different judge; different DA, different courtroom/county/DIFFERENT RECORD.

YOUR prior record will be important.

the best thing you can do is get all this info to your attorney so he can get med reports from docs to present to the judge.

he can argue for alternative sentence; stay of execution of sentence....putting the case over the imposition of the sentence for 6 months to a year.......maybe even a home arrest.

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