Increased sentance while incarcerated

[pirateswife0530]

What is the name of your state? California


My husband is currently incarcerated. When he began his sentance, he got another case. The new sentance was an additional 7 years. 2 for the actual crime and 5 for enhancements. He took a plea.

The problem is when he returned to CDC, the 15% good time credit he is entitled was not given to him, and they "maxed" him out. They gave him the sentance for the whole 7 years without an early release date even offered.

Is there anything he can do to possibly get some of this time back? He has filed 2 appeals, the first one was denied under Penal Code 1701, which has nothing to do with anything regarding his sentancing. He filed another appeal, and that was denied, he has sent it to the next level and has a log number with an estimated response date of Feb 23.

The sentance was for 7 years with 85% possible good time credit. You serve 85% of your sentance instead of the whole thing.

Is there anything we can do to get his time back, espically since he got his new case, he has only lost 30 days of good time credit.

Please help, I would really like to have my husband home a possible of 2 years earlier than the release date listed.

Thank you for any suggestions.

 

[pirateswife0530]

I AM ALWAYS LIABLE, I would like to thank you for your help last night in regards to my daughter.

But, I don't appreciate the jokes and remarks that have nothing to do with the subject at hand.

This is a persons life I am trying to discuss.

Thanks for your help anyways.

 

[pirateswife0530]

I am sure your life is so much better.

You spend hours at a time online, talking . What a great life you have as well.

 

[hexeliebe]

Oh it is sweetheart.

I'm not in prison.

I am not married to a felon who will never have anything.

I'm not dependent on a felon in prison.

I don't have to whine on an internet forum about my loser husband.

On a scale of one to 10 I'd say a 1.5 is better than your life.

Lay down with dogs and you get fleas.

 

[pirateswife0530]

I don't know who you think you are.

This is a FREE ADVICE FORUM, you go here to get advice on issues pertaining to your life.

They have a section in here about criminal law. that is what I am here trying to find answers to.

You on the other hand sit here, probably for hours at a time, talking to people you don't know. This is a place to find answers to questions.

Just because my husband is a felon, DOES NOT mean he will have nothing.

From the looks of it, you don't have a very pleasant life, you sit here, sounds like you are pretty lonely.

Thats too bad!

 

[I AM ALWAYS LIABLE]

My response:

I hope you copied my initial response to you on this thread. In that response, I was sincerely trying to help you.
IAAL

 

[calatty]

He is entitled to the 15% credits under Penal Code section 2933.1. The CDC has no authority to take those credits away. He can only forfeit a certain amount of days, like the 30 days, for serious disciplinary infractions. It sounds like they just made an error in the paperwork. He should contact his counselor to find out what reason they are giving. Did he file a 602 (administrative appeal) about his credits? What was their response?

 

[pirateswife0530]

THank you for replying.

Yes, he did file a 602 while he was in Pelican Bay, they denied it under Penal Code 1170. Thats all that was on his denial.

I looked it up, and saw that it had nothing to do with anything relating to his situation.

He filed another one since he has been in CSP-LAC. The first place denied it and gave him another week added onto his sentance.

He then took it to the next level. Since he filed it, he got a log number and a date of Feb 23rd, 2004 to get some kind of response back from them.

Do you by any chance know how to calculate the time? If his sentance was for 7 years, how do you figure out what the time is? I try to do 85% but it comes up with some crazy number that I cant get.

Is there any kind of special formula or something? Or is it just straight math? I know it sounds like a stupid question, but I just cant figure it out.

Thank you so much for your information! Its greatly appreciated.

 

[I AM ALWAYS LIABLE]

Yes, he did file a 602 while he was in Pelican Bay

=================================

My response:

Jesus Christ! You married a guy that was in Pelican Bay? Wow! He's not just a "simple" felon; rather, he's an incredible danger to society - - both in an out of prison. There is no way he's getting out early.

I'll take back everything I've said to you about taking your child to visitation in prison to see him. If I was the judge, there would be no way in hell I'd allow you to take your child to see him. As a matter of fact, I'd remove the child from your custody because you, obviously, have made a seriously poor decision to marry this criminal in the first place. Your decision to marry this idiot would be all that I'd need to declare you to be an unfit parent.

He's too dangerous!

NOTE: For those who don't know, Pelican Bay Prison in California is a 23.5 hour per day lockdown prison for the most dangerous of criminals; usually those that commit heinous crimes while in prison. Example, stabbing a prison guard. It may as well be Alcatraz Island - - times ten!

IAAL

 

[pirateswife0530]

For your information, Pelican Bay is NOT just for the worst felons of the worst.

People that are dropping out of prison gangs to what is called a " DE-BREIFING" .

He WAS NOT there because of something he did while he was in prison like stab a prison guard. he was there to get out of trouble. He has been out of trouble without ANY 115's in over 2 years! He has completely changed the person he is. He did this BEFORE I ever went up there, and espically before I EVER took my daughter up there.

Being involved with a person who is in jail, who was in Pelican Bay, or who had any involvement with anything relating to crime doesn't make me an UNFIT mother!!! My daughter is fed, clothed (Well I might add) and loved very much!

Your information about Pelican Bay is somewhat restricted and very outdated!

Get some new information, not just what you read in the paper or hear on TV before you make any kind of judgements about people and their lives.

You signed onto this board to help people, and quit razzing people about questions they ask. That is what this board is for!!!!!!!

 

[I AM ALWAYS LIABLE]

And now, we learn more of the truth!

02-09-2004, 11:51 PM #2
Pirateswife0530
Registered User

"My brother is also serving 25 to life and is trying to find a pen pal also. If anyone knows anyone.... please."

========================================

My response:

Wow, that's certainly one hell of a family you've got. A bunch of low-life criminals! Do your mother and father do any encores? Oh, that's right, you don't know your father. But, you have a new husband who can't stay out of trouble, even while he's in prison ("The new offense was comitted while he was incarcerated"), and has spent time in Pelican Bay Maximum Security Prison, and is now in Lancaster California Prison (the hot, arid, desert prison), and a brother who's a "lifer", sentenced to 25 to Life. I can only imagine what kind of person the father of your child is.


You make lousy decisions and you set a poor example for your baby daughter.


IAAL

 

[I AM ALWAYS LIABLE]

My further response:

You also LIED here on FreeAdvice!

In a question asked of you at "Prison Talk", you were asked - -

"Was the new offense for something committed while in prison or was it an older offense . . ."

You responded to that writer by saying - -

"The new offense was comitted while he was incarcerated. The terms are consecutive. He has to serve both the times seperate. He has finished the first term, and is now serving his second."

YET, YOU LIED WHEN YOU STATED IN THIS THREAD - -

"He WAS NOT there because of something he did while he was in prison like stab a prison guard. he was there to get out of trouble."


So, you're a liar Is this what you're teaching your daughter? Is this the type of life you want for your child?
IAAL

 

[calatty]

It's a straight mathematical calculation. Multiply the years by the days in the year, and then take 15% off the total figure. If there are presentence credits to deduct - but there probably aren't any since he was already serving time, take those off the top.