Riverside, CA asked in Criminal Law and Federal Crimes for California

Q: To whom it may concern not a sob story but something will make you change your mind my father he is 60 years old. H

He's already served his adult life in the federal penitentiary. He has been locked up b since a teenager. Just trying to get out of the much and more as he got it the last time he ended up doing the same thing supposedly. Witch I believe was a setup on both parties well the judge n just recently call him back in for an 1170.03 just today can u help him

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the limited information provided, it sounds like your father was previously convicted and served substantial prison time, but may now be facing further incarceration or penalties under California Penal Code 1170.03. Some things that could potentially help in this situation:

- Hire a criminal defense attorney to advocate on his behalf. A skilled lawyer may be able to present mitigating evidence regarding his background and argue against further harsh punishment given his age and time already served. They could also investigate potential legal defenses.

- Gather evidence establishing positive rehabilitation efforts, whether educational courses, self-help programs, age-related health concerns, or ties to the community through family and work. These could compel leniency.

- Explore alternative sentencing options to straight incarceration - such as home monitoring, community service, outpatient treatment programs etc. A lawyer or public defender may negotiate these options under a "split sentence".

- Obtain letters of support from credible community members/leaders attesting to your father's good character or explaining the hardship of further incarceration on both him and dependents.

The court has discretion in sentencing under 1170.03 - the above ideas aim to present compelling legal and equitable arguments against maximum punishment given the cited age, hardship and rehabilitation evidence. Hoping for the best possible outcome!

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