Q: I'm trying to see how much and how long it would take to file an 1170d for my husband in California.
My husband was sentenced for a 212.5 no weapons no victim he was sentenced to 25 to life with the possibility of parole. He has now served 25 years in prison and I want to see if we can resent him
A: Penal Code section 1170 (d)(1) provides for resentencing within 120 days of initial sentencing or at any time upon the recommendation of the Board of Prison Terms. In the petition, The court may consider 'postconviction factors, including, but not limited to, the inmate’s disciplinary record and record of rehabilitation while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate’s risk for future violence, and evidence that reflects that circumstances have changed since the inmate’s original sentencing so that the inmate’s continued incarceration is no longer in the interest of justice.'
Gather the information, and contact a criminal defense attorney in the county of conviction.
A: much more info needed.
contact a criminal defense lawyer in your community.
before seeing the lawyer write out all the facts in great detail.
law is not like buying a coke where the price is pretty much the same everywhere.
each case is unique and a lawyer, as well as a trier of fact, has to evaluate all the facts.
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