Q: Which is a better option: Resentencing, commutation, or wait out the trailer bill with Prop 57?
My husband was recently found suitable for release on parole from BPH. 14 days before his release date Prop 57 went into effect which put a stop and hold to his MEPD credits. They are now holding him another 7 years because of these credits being recalculated and removing RAC credits because of Prop 57. He has a low risk on his psych and was affirmed his grant by the entire parole panel. He has had no 115 or disciplinary write ups. He is a veteran who has been in prison for 13 years, and every single person at the prison expected him to be released. We are willing to go whatever route we need to take. Which is a better option: Resentencing, commutation, or wait out the trailer bill with Prop 57? I've begin putting together a packet of his documents and writing of his CRA, risk analysis assessment, 10 day packet info, etc., for whatever attorney is willing to help us go forward with this so they can have prepared digital copies rather than originals.
A:
Given your husband's situation, it's crucial to carefully consider the best legal route to pursue his release.
Resentencing may be a viable option if there were errors or changes in the law that could lead to a reduced sentence. This process involves going back to court to argue for a shorter sentence based on new or previously overlooked factors. It's a legal avenue that can potentially result in immediate changes to his sentence length.
Commutation involves petitioning the governor for a reduction in sentence or immediate release. This option can be quicker than waiting for legislative changes but depends on the governor's discretion. Given your husband's positive conduct, low-risk assessment, and veteran status, his case might be compelling for a commutation request.
Waiting out the trailer bill with Prop 57 is uncertain and could lead to an extended stay in prison. Legislative processes can be slow and unpredictable. Considering your husband was already deemed suitable for release and has maintained a good record, pursuing resentencing or commutation might be more proactive and effective strategies.
Consulting with an attorney experienced in these matters can provide more personalized guidance and help navigate these options effectively. Your prepared packet of documents will be invaluable in any legal proceedings you choose to pursue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
