Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > CALIFORNIA > California General Prison Talk
Register Entertainment FAQ Calendar Mark Forums Read

California General Prison Talk Topics & Discussions relating to Prison & the Criminal Justice System in California that do not fit into any other California subforum.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-12-2020, 06:41 PM
SValencia707 SValencia707 is offline
Registered User
 

Join Date: Oct 2020
Location: California, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default Gang enhancements

Who or were can i find out my son who is in county fighting a case wants to know ARE GANG ENHANCEMENTS DROPPED IN CDC THIS IS ONLY ONE OF THE QUESTIONS BUT THIS IS WERE IM STARTING AT, COULD SOMEONE ANSWER THIS FOR ME PLEASE
Reply With Quote
Sponsored Links
  #2  
Old 10-12-2020, 07:16 PM
SValencia707 SValencia707 is offline
Registered User
 

Join Date: Oct 2020
Location: California, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default enhancements

As in my last post all of my questions have to do with my son who is in county fighting his case and can't get any answers from his attorney so my next question is Are GBI enhancements dropped in CDC ? Also what enhancements are being dropped in CDC. Next one is who is eligible to do base term and be eligible for perole is it everyone or certain charges only

Im new to this so if im not posting these questions in the right place to get answers would someone anyone please tell me because i really need help
Reply With Quote
  #3  
Old 10-12-2020, 07:51 PM
sass4221's Avatar
sass4221 sass4221 is offline
Super Moderator
 

Join Date: May 2008
Location: KY
Posts: 5,694
Thanks: 3,880
Thanked 6,489 Times in 3,237 Posts
Default

Hi I merged your posts and placed them here in the California General Prison Talk as they are specific to this state.
__________________
Reply With Quote
The Following User Says Thank You to sass4221 For This Useful Post:
sidewalker (10-18-2020)
  #4  
Old 10-12-2020, 10:41 PM
gvalliant gvalliant is offline
Registered User
Donation Award 
 

Join Date: Sep 2015
Location: California
Posts: 891
Thanks: 1,631
Thanked 1,726 Times in 734 Posts
Default

For now, CDCR has no jurisdiction over what happens in the courts.

If convicted / sentenced with enhancements it is possible that under changes by prop 47 for non-violent offenders or recent changes to PC1170(d)(1) law he could either be resentenced later or be considered for early parole once he serves his base term and not have to serve his enhancement(s).

A whole bunch of if's. It is too early to be going down those paths. The attorney may not know about all the authorities CDC may have post conviction. Nor should he be worrying about that now. Attorneys focus is what he can do in court. Encourage your son to stay focused on working with the attorney to help minimize what happens now and worry about CDC later as needed.
Reply With Quote
The Following 3 Users Say Thank You to gvalliant For This Useful Post:
Bamswife6200 (10-13-2020), miamac (10-15-2020), patchouli (10-13-2020)
  #5  
Old 10-13-2020, 10:43 PM
SValencia707 SValencia707 is offline
Registered User
 

Join Date: Oct 2020
Location: California, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default Thank you

Quote:
Originally Posted by sass4221 View Post
Hi I merged your posts and placed them here in the California General Prison Talk as they are specific to this state.
Thank you, Im new to this
Reply With Quote
  #6  
Old 10-15-2020, 10:04 PM
miamac's Avatar
miamac miamac is offline
Site Moderator
 

Join Date: May 2013
Location: ORnativeAZresCAtied
Posts: 11,813
Thanks: 16,416
Thanked 23,989 Times in 8,426 Posts
Default

You are super far ahead of yourself, mama.
Gvalliant is right, the attorney will not be able to accurately advise on what CDCR will do with his time. The principle reason is that regulations have been in flux for the last few years. They are still figuring out how things apply, still battling to keep Prop 57 in tact, trying to expand some regs and shrink others. What happens once your son is sentenced is anyone's best guess.

If his case involves GBI and gang enhancement, his attorney needs to focus on eliminating those. If GBI sticks, he will be considered a violent offender by CDCR and that affects his eligibility for certain aspects of programming and his security score.

I know it's hard when you feel you can't get solid answers, but please remember that the court process is slow and most of the time that's in your favor. If his attorney is contacting him once a month or so, that's normal. Jury trials, if that's on the horizon, need to be prepared for very carefully.

Hang in there. Keep asking questions and we'll do our best to help you through.
Reply With Quote
The Following 2 Users Say Thank You to miamac For This Useful Post:
gvalliant (10-16-2020), sidewalker (10-18-2020)
  #7  
Old 10-19-2020, 12:09 AM
SValencia707 SValencia707 is offline
Registered User
 

Join Date: Oct 2020
Location: California, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by gvalliant View Post
For now, CDCR has no jurisdiction over what happens in the courts.

If convicted / sentenced with enhancements it is possible that under changes by prop 47 for non-violent offenders or recent changes to PC1170(d)(1) law he could either be resentenced later or be considered for early parole once he serves his base term and not have to serve his enhancement(s).

A whole bunch of if's. It is too early to be going down those paths. The attorney may not know about all the authorities CDC may have post conviction. Nor should he be worrying about that now. Attorneys focus is what he can do in court. Encourage your son to stay focused on working with the attorney to help minimize what happens now and worry about CDC later as needed.
This is the problem his attorney keeps pushing him to take a deal that the DA offered 12 years at 85% is not a deal, There is no one who will show up in court and as for the gang enhancement what they have is cops from 7 years ago so I'm not seeing where 12 is any kind of deal.
Reply With Quote
  #8  
Old 10-19-2020, 12:31 AM
SValencia707 SValencia707 is offline
Registered User
 

Join Date: Oct 2020
Location: California, USA
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by miamac View Post
You are super far ahead of yourself, mama.
Gvalliant is right, the attorney will not be able to accurately advise on what CDCR will do with his time. The principle reason is that regulations have been in flux for the last few years. They are still figuring out how things apply, still battling to keep Prop 57 in tact, trying to expand some regs and shrink others. What happens once your son is sentenced is anyone's best guess.

If his case involves GBI and gang enhancement, his attorney needs to focus on eliminating those. If GBI sticks, he will be considered a violent offender by CDCR and that affects his eligibility for certain aspects of programming and his security score.

I know it's hard when you feel you can't get solid answers, but please remember that the court process is slow and most of the time that's in your favor. If his attorney is contacting him once a month or so, that's normal. Jury trials, if that's on the horizon, need to be prepared for very carefully.

Hang in there. Keep asking questions and we'll do our best to help you through.
Thank you, the thing is for what ever reason my son has no trust in his attorney, He wants my son to take the deal the DA offered 12 @ 85% this is not my son first time doing time he has a lot of questions but his attorney wont take the time to answer, I have done most of the foot work as far as getting statements from people mind you there are 2 supposed victims niter of them will show up in court or make a statement well one has on the behalf of my son. And as for the gang enhancement they have cope from 7 years ago who say he is, the problem is its a small town my son grow up there and I feel they just want him out of the county, I have a few more questions that Im going to post tomorrow from my son but it off to work for me right now, maybe you could answer some of them for him, thank you for what you had to say
Reply With Quote
  #9  
Old 10-19-2020, 09:40 AM
gvalliant gvalliant is offline
Registered User
Donation Award 
 

Join Date: Sep 2015
Location: California
Posts: 891
Thanks: 1,631
Thanked 1,726 Times in 734 Posts
Default

Quote:
Originally Posted by SValencia707 View Post
This is the problem his attorney keeps pushing him to take a deal that the DA offered 12 years at 85% is not a deal, There is no one who will show up in court and as for the gang enhancement what they have is cops from 7 years ago so I'm not seeing where 12 is any kind of deal.
We'll see what his other questions are. One small point. 85% was changed to 80% a few years ago. So he is facing an 80% term.

If his conviction is a violent offense under California law, and that sounds likely given the 80% number and GBI discussion, he will not be eligible for early release (not serving his enhancement(s) after serving his base term). That possibility is only for non-violent convictions under California law with a few other very specific rare exceptions.

This is a difficult, and often unfair process. The DA presumably has several offenses that are charged (not proven). The DA is presumably also offering to drop some of those charges if he pleas guilty and accepts a sentence of 12 years for the remaining charges and enhancement(s). He can accept or he can refuse. His attorney thinks he should accept this plea deal. I, and all of us on this site, are obviously in no position to advise on that. It could be a bad deal, it could be a good deal. It would be wrong of any of us to opine on that. If he refuses to accept the plea that likely means his case goes to trial. He will face all the charges whatever they are.

If, by chance, he is convicted at trial on all those charges he certainly faces more than 12 years. How likely is it that all or some of those charges will result in convictions if it goes to trial? What will his likely sentence be if found guilty on these various charges? These are likely the issues the attorney is considering. Not saying the attorney is assessing correctly or not. But they are the issues you and your son need to also consider. It is a difficult choice. We all understand that. It sounds you are making effort to find mitigating evidence that will help his attorney minimize his sentence on whatever charge(s) he pleas to or is found guilty on. That is a good activity for you to be doing.
Reply With Quote
The Following User Says Thank You to gvalliant For This Useful Post:
sidewalker (10-20-2020)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Gun/Gang enhancements illegal??? (Peugh v. U.S.) KobeDeuce California General Prison Talk 42 02-18-2016 05:58 PM
Can inmate appeal Gang Enhancements and get a lighter sentence? mrs.rojas California Legal Help 23 01-07-2015 01:21 AM
Appeal help...attempted murder with gang enhancements. ATH Prison & Criminal Legal Help! 1 07-02-2010 01:24 PM
California Gang Enhancements Staying*Strong*05 California Legal Help 15 06-23-2010 04:08 PM
STEP Law and Gang Enhancements: Two Words That Can Get You Life in Prison kima California General Prison Talk 1 11-08-2008 09:45 AM


All times are GMT -6. The time now is 12:41 AM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics