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 09-29-2005, 10:01 PM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default He got time added to his sentence

He got in a fight and they added time to his sentence . He said that he can appeal this or ?. Has anyone else heard of this or dealt with this situation?
Reply With Quote
Sponsored Links
  #2  
Old 09-29-2005, 11:00 PM
Pinky99's Avatar
Pinky99 Pinky99 is offline
Registered User
 

Join Date: Nov 2002
Location: CA
Posts: 4,241
Thanks: 0
Thanked 32 Times in 22 Posts
Default

First of all the only way they could have added time to his sentence is by given him a 115 for the fight and finding him guilty of the 115. If this was the case then what will happen is they will add 30 days to his sentence, however if he does 90 days clean (meaning no 115's, no write up's.....basically keeping his nose clean) then he can get those 30 days back. He can also Appeal the guilty decision. Last year my man got into a fight and he was found guilty of the 115. However, he appealed it and they reheard his 115 and reversed the guilty verdict to a Not Guilty verdict so he didn't get the 30 days added after all. Giod luck and I hope everything works out.
Reply With Quote
  #3  
Old 09-30-2005, 03:06 AM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Thanks Bo-bi-lu! Ya, he did say something about a 115 in the letter he wrote me when it happened now that you mention it, I guess I was more focused on the fact that he had broke his hand (again) and had to get stitches in his face (he said the other guy looked much worse). But, yeah he did say he got a 115. That was about 2 months ago. His date would have been 1/14/06 and its now 2/28/06 so they did add 30 days. Da*n., you're good! He has'nt been in any more trouble and I told him if he was I would kick his butt when he comes home! I know that sometimes, you gotta do what ya gotta do. I just hope he gets the days back, 3 mos, 2 weeks sounded so much better than 4mos, 4weeks. I will tell him what you said about how to go about getting them back, just in case he does'nt know. I want to get those 30 days back more than anything! Thanks so much
Reply With Quote
  #4  
Old 09-30-2005, 09:10 AM
donsmom donsmom is offline
Registered User
 

Join Date: Apr 2005
Location: FONTANA, CA
Posts: 781
Thanks: 0
Thanked 0 Times in 0 Posts
Default

my son got a 115 and he got 90 days added on. he has filed a 602 but hasnt heard anything back. i guess they had to send it up north. he said the have until the 14th of october to get something back to him. but you can get it taken off like bobbilu said if you dont get into anymore trouble in 90 days. im praying that he wins his 602. from what i understand he should have a good chance. im keeping my fingers crossed.
Reply With Quote
  #5  
Old 09-30-2005, 04:39 PM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Wow 90 days! I sure hope he does get em back Donsmom. I know that Paul told me he had no choice when he did what he did and I know how he is so I believe him, but I sure hope he does'nt get in anymore trouble and gets his 30 days back. I am sure you're son did what he had to do too. So do they get them back automatically if they stay out of trouble for 90 days or do they still have to appeal it to get them back?
Reply With Quote
  #6  
Old 09-30-2005, 06:34 PM
California Sunshine's Avatar
California Sunshine California Sunshine is offline
Yes I'm back! :)
Donation Award 
 

Join Date: Mar 2003
Location: Cali of course
Posts: 29,975
Thanks: 1,294
Thanked 1,189 Times in 497 Posts
Default

I'm sorry to hear this My ex got into a fight and got 9 months in the SHU added on! In hindsight he is lucky that is all he got as they could of prosecuted it as a new case but thankfully when it was sent to the DA they declined pressing new charges.I don't recall but do not think he appealed it or if he did he didnt win the appeal
__________________


Get well soon David! You are in our thoughts
Reply With Quote
  #7  
Old 09-30-2005, 08:46 PM
Pinky99's Avatar
Pinky99 Pinky99 is offline
Registered User
 

Join Date: Nov 2002
Location: CA
Posts: 4,241
Thanks: 0
Thanked 32 Times in 22 Posts
Default

Quote:
Originally Posted by Crstnamre
So do they get them back automatically if they stay out of trouble for 90 days or do they still have to appeal it to get them back?

I believe they have to fill out and submit a form for the "loss of credits to be restored." Then it's not about if they want to give them the time back or not....once he does his 90 days clean he GETS the time back.
Reply With Quote
  #8  
Old 09-30-2005, 08:50 PM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

9 mo's! Wow, I guess he is lucky they did'nt add charges! Paul will get the 30days back, I am soooooooooooooo not good at waiting! I mean I am waiting, but I don't do it very gracefully! He knows I hate waiting for things!
Reply With Quote
  #9  
Old 09-30-2005, 09:00 PM
denverswife's Avatar
denverswife denverswife is offline
All My Life
 

Join Date: May 2005
Location: Shasta County, CA
Posts: 1,078
Thanks: 0
Thanked 10 Times in 9 Posts
Default

I'm in the same situation. 30 days to the gate he got a 115 for a fight. Two guys and him, like he would pick a fight with two guys so close to the door. Anyhow it looks like he will end up doing 15-25 extra days, after all is said and done.
We were SOOOO close!
__________________


If you live to be a hundred,
I want to live to be a hundred minus one day,
so I never have to live without you.


Reply With Quote
  #10  
Old 09-30-2005, 09:01 PM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Quote:
Originally Posted by Bob-bi-lu
I believe they have to fill out and submit a form for the "loss of credits to be restored." Then it's not about if they want to give them the time back or not....once he does his 90 days clean he GETS the time back.

But he has to fill out the form to get it? I just want to make sure I am 100% understanding so when I write him I can tell him for sure what he needs to do, juuuuuust in case nobody else does. I want those 30 days back, I need those 30 days back, my little ticker needs those days back. I was headed for the 90 day home stretch and now I feel robbed, lol. Thanks Bo-bi-lu, I soooo appreciate the 411.
Reply With Quote
  #11  
Old 09-30-2005, 11:01 PM
denverswife's Avatar
denverswife denverswife is offline
All My Life
 

Join Date: May 2005
Location: Shasta County, CA
Posts: 1,078
Thanks: 0
Thanked 10 Times in 9 Posts
Default

Yep, there's a form to be filed. Denvers counselor said wait 30 days and then file it and she can get "most" of his time back.
__________________


If you live to be a hundred,
I want to live to be a hundred minus one day,
so I never have to live without you.


Reply With Quote
  #12  
Old 10-01-2005, 01:31 AM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Quote:
Originally Posted by denverswife
I'm in the same situation. 30 days to the gate he got a 115 for a fight. Two guys and him, like he would pick a fight with two guys so close to the door. Anyhow it looks like he will end up doing 15-25 extra days, after all is said and done.
We were SOOOO close!
30 days till he was home and this happens, wow, I am so sorry! I sure hope he can get them back. Thats what happened with Paul, he had no choice but to fight and I don't fault him for it either. I hope they both can stay out of troubles way for the remainder. You must be getting very excited though, I am so happy for the both of you!
Reply With Quote
  #13  
Old 10-01-2005, 01:42 AM
KukiSuki's Avatar
KukiSuki KukiSuki is offline
Registered User
 

Join Date: Sep 2005
Location: Tennessee, USA
Posts: 82
Thanks: 0
Thanked 2 Times in 2 Posts
Default

Ladies,
Real world charges apply on the inside, so tell your guys to spread it around inside. Any kind of trouble they get into can add to their shelf time. Max has two different meanings. Maxium security, and Max or Maxing out, which means an inmate has maxed himself out on his time because he has stayed in trouble by fighting or contraband or other stuff. Most people don't realize it, until charges get added, and it comes out on their rap sheet when they get out too. Stick to sweet talking the counselors, they are the ONLY ones that can help at this point, and your feller keeping his nose clean for the rest of his down time. Good luck.
__________________
Happiness is a butterfly, which, when pursued, is always just beyond your grasp, but which, if you will sit down quietly, may alight upon you. - Nathaniel Hawthorne



Reply With Quote
  #14  
Old 10-01-2005, 02:55 AM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Ummmmm ya, except for that is'nt the real world, its prison. Sometimes you don't have a choice but to defend yourself. Not only that, if you did just lay down and take the beating you would look like a punk and it would'nt stop there. I know I, being in the real world would not just lay down and take a beating, I am going to do whatever it takes to defend myself. My guy told me that when his incident happened ALL he thought about was that he was going to get time added for it and how he did'nt want to even be in that position. But he was. Sure I told him to keep his butt out of trouble, but I will not lay it on so thick as to give him the impression that I would not want him to stand up for himself. And anyway I trust him that he would not resort to a physical altercation unless it was absolutely unavoidable.


Quote:
Originally Posted by KukiSuki
Ladies,
Real world charges apply on the inside, so tell your guys to spread it around inside. Any kind of trouble they get into can add to their shelf time. Max has two different meanings. Maxium security, and Max or Maxing out, which means an inmate has maxed himself out on his time because he has stayed in trouble by fighting or contraband or other stuff. Most people don't realize it, until charges get added, and it comes out on their rap sheet when they get out too. Stick to sweet talking the counselors, they are the ONLY ones that can help at this point, and your feller keeping his nose clean for the rest of his down time. Good luck.
Reply With Quote
  #15  
Old 10-01-2005, 07:04 PM
donsmom donsmom is offline
Registered User
 

Join Date: Apr 2005
Location: FONTANA, CA
Posts: 781
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by Crstnamre
Wow 90 days! I sure hope he does get em back Donsmom. I know that Paul told me he had no choice when he did what he did and I know how he is so I believe him, but I sure hope he does'nt get in anymore trouble and gets his 30 days back. I am sure you're son did what he had to do too. So do they get them back automatically if they stay out of trouble for 90 days or do they still have to appeal it to get them back?
my son got 90 days added and 2 months with no yard. they said he was in the protest that happen in june 2005. but the funny thing is two of his bunkies were right next to him and they said a different lt and they were found not guilty. so im hoping he is found not guilty on his 602. just want it off.
Reply With Quote
  #16  
Old 10-01-2005, 08:32 PM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Quote:
Originally Posted by donsmom
my son got 90 days added and 2 months with no yard. they said he was in the protest that happen in june 2005. but the funny thing is two of his bunkies were right next to him and they said a different lt and they were found not guilty. so im hoping he is found not guilty on his 602. just want it off.
Wow, there are alot of us who are facing this issue, I had no idea! Funny that his 2 bunkies were found innocent and you're son was'nt. Whats up with that. I sure hope he gets them back Donsmom!
Reply With Quote
  #17  
Old 10-02-2005, 10:47 AM
ShorDee ShorDee is offline
Registered User
 

Join Date: May 2005
Location: I'm in UT, he's in CA
Posts: 49
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Be lucky your situations are more easier to take care of. My husband was found guilty for battery of an inmate when he had no part of it. All the reports contradicted each other. There was about 85 guys that went to the hole the same time. I believe everyone of them was also found guilty. He finally had to take it to Sacramento which we still have a couple weeks until we are surpose to hear back from them. On his 602 he asked for the 115 to be dismissed but the prison reissued it instead. Anyways enough of my pitty story I hope you guys can get the time back and get it taken off.
__________________
MissMYComrade
Reply With Quote
  #18  
Old 10-02-2005, 11:26 AM
Pinky99's Avatar
Pinky99 Pinky99 is offline
Registered User
 

Join Date: Nov 2002
Location: CA
Posts: 4,241
Thanks: 0
Thanked 32 Times in 22 Posts
Unhappy It could be worse.....look at me

Quote:
Originally Posted by Crstnamre
Wow, there are alot of us who are facing this issue
Oh yes girl, there are so many inmates facing problems inside. I know even an extra day added to a loved ones sentence is awful, especially when you are expectin them to come home on a specific day. However, if for some reason he doesn't get the 30 days back don't feel so bummed out because things could be worse....I mean a lot worse.

My fiance was placed in the hole (Ad/Seg) pending an investigation. Well CDCR put in a DA referral on my man and the DA picked up the case. My man already has 3 strikes (thank god he wasn't struck out) so this new case would be strike number 4. My man was looking at 25 to Life with this new case he picked up in prison. Then ended up not giving him life but he got an additional 6 years....YES 6 YEARS added to his sentence and he was suppose to be coming home in June 2006. So now he won't be home until 2012.

Overall this was the discipline my man received.....6 years added to his sentence, a 9 months SHU Term, he has to be on Closed Custody for 2 years, he lost all his visiting priviledges followed by 2 years of Non-Contact visits. So now aren't you glad you're not in my shoes. I know it doesn't make your situation better but at least your man isn't facing something as serious as mine did.
Reply With Quote
  #19  
Old 10-02-2005, 05:32 PM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Quote:
Originally Posted by ShorDee
Be lucky your situations are more easier to take care of. My husband was found guilty for battery of an inmate when he had no part of it. All the reports contradicted each other. There was about 85 guys that went to the hole the same time. I believe everyone of them was also found guilty. He finally had to take it to Sacramento which we still have a couple weeks until we are surpose to hear back from them. On his 602 he asked for the 115 to be dismissed but the prison reissued it instead. Anyways enough of my pitty story I hope you guys can get the time back and get it taken off.
Hope its good news when you hear back from Sac. Please keep us posted on it ok? I got my fingers crossed for you both! TY!
Reply With Quote
  #20  
Old 10-02-2005, 05:41 PM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Da*n Bo-bi-lu, that must have been a hard blow to take expecting him home this coming year and then getting it pulled out from under you like that! I cannot imagine how hard it has been for you to regroup and accept the added time. This has been hard for me and I just cannot imagine what you have had to cope with, emotions wise. I admire you're strength and thank you for giving me some of it. I am so sorry that happened. I do not feel I have the right to complain anymore. You checked me! LOL. I still want my 30 days back though. He better not even think about doing anything to send him back there either leaving me all alone out here. Hell hath no fury.


Quote:
Originally Posted by Bob-bi-lu
Oh yes girl, there are so many inmates facing problems inside. I know even an extra day added to a loved ones sentence is awful, especially when you are expectin them to come home on a specific day. However, if for some reason he doesn't get the 30 days back don't feel so bummed out because things could be worse....I mean a lot worse.

My fiance was placed in the hole (Ad/Seg) pending an investigation. Well CDCR put in a DA referral on my man and the DA picked up the case. My man already has 3 strikes (thank god he wasn't struck out) so this new case would be strike number 4. My man was looking at 25 to Life with this new case he picked up in prison. Then ended up not giving him life but he got an additional 6 years....YES 6 YEARS added to his sentence and he was suppose to be coming home in June 2006. So now he won't be home until 2012.

Overall this was the discipline my man received.....6 years added to his sentence, a 9 months SHU Term, he has to be on Closed Custody for 2 years, he lost all his visiting priviledges followed by 2 years of Non-Contact visits. So now aren't you glad you're not in my shoes. I know it doesn't make your situation better but at least your man isn't facing something as serious as mine did.
Reply With Quote
  #21  
Old 10-02-2005, 06:05 PM
donsmom donsmom is offline
Registered User
 

Join Date: Apr 2005
Location: FONTANA, CA
Posts: 781
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by Bob-bi-lu
Oh yes girl, there are so many inmates facing problems inside. I know even an extra day added to a loved ones sentence is awful, especially when you are expectin them to come home on a specific day. However, if for some reason he doesn't get the 30 days back don't feel so bummed out because things could be worse....I mean a lot worse.

My fiance was placed in the hole (Ad/Seg) pending an investigation. Well CDCR put in a DA referral on my man and the DA picked up the case. My man already has 3 strikes (thank god he wasn't struck out) so this new case would be strike number 4. My man was looking at 25 to Life with this new case he picked up in prison. Then ended up not giving him life but he got an additional 6 years....YES 6 YEARS added to his sentence and he was suppose to be coming home in June 2006. So now he won't be home until 2012.

Overall this was the discipline my man received.....6 years added to his sentence, a 9 months SHU Term, he has to be on Closed Custody for 2 years, he lost all his visiting priviledges followed by 2 years of Non-Contact visits. So now aren't you glad you're not in my shoes. I know it doesn't make your situation better but at least your man isn't facing something as serious as mine did.
oh my i thought 90 days was bad but at least we have a chance of getting time back. sorry to hear that he got that much more time added on. i give you ladies alot of credit by stand there with your man while he has that long of time to do. i dont know if i could do that.
Reply With Quote
  #22  
Old 10-02-2005, 10:26 PM
Pinky99's Avatar
Pinky99 Pinky99 is offline
Registered User
 

Join Date: Nov 2002
Location: CA
Posts: 4,241
Thanks: 0
Thanked 32 Times in 22 Posts
Default

Quote:
Originally Posted by Crstnamre
Da*n Bo-bi-lu, that must have been a hard blow to take expecting him home this coming year and then getting it pulled out from under you like that! I cannot imagine how hard it has been for you to regroup and accept the added time. This has been hard for me and I just cannot imagine what you have had to cope with, emotions wise. I admire you're strength and thank you for giving me some of it. I am so sorry that happened. I do not feel I have the right to complain anymore. You checked me! LOL. I still want my 30 days back though. He better not even think about doing anything to send him back there either leaving me all alone out here. Hell hath no fury.
You don't even know how hard it has been trying to deal with the fact that he won't be coming home in 8 months anymore....look I'm still even counting to this lost date! TO be honest with you, I don't know how I've been coping with all this time he got added. I haven't been able to visit him since January so that makes it even harder. I was always threatening to leave if he ever went back to prison, but look he didn't even make it home and we're basically starting his original sentence all over again. I told him it was over, but I was back the following weekend because I just couldn't go on without him. My man has been locked up since 1999 so he's done a total of 6 years & 2 months.....it kills me to think that we still have 6 1/2 years left! I would give anything to have him home next year again.....but now all I can do is look forward to 2012, please remind me when we get there because I gave up with those damn tickers for him coming home!
Reply With Quote
  #23  
Old 10-03-2005, 12:40 AM
Crstnamre's Avatar
Crstnamre Crstnamre is offline
Banned
 

Join Date: Feb 2005
Location: Long Beach, Ca
Posts: 4,075
Thanks: 0
Thanked 5 Times in 5 Posts
Default

Quote:
Originally Posted by Bob-bi-lu
You don't even know how hard it has been trying to deal with the fact that he won't be coming home in 8 months anymore....look I'm still even counting to this lost date! TO be honest with you, I don't know how I've been coping with all this time he got added. I haven't been able to visit him since January so that makes it even harder. I was always threatening to leave if he ever went back to prison, but look he didn't even make it home and we're basically starting his original sentence all over again. I told him it was over, but I was back the following weekend because I just couldn't go on without him. My man has been locked up since 1999 so he's done a total of 6 years & 2 months.....it kills me to think that we still have 6 1/2 years left! I would give anything to have him home next year again.....but now all I can do is look forward to 2012, please remind me when we get there because I gave up with those damn tickers for him coming home!

I will remind you, and am here if you ever need a shoulder to cry on, lean on, take it out on....whatever you need to do! Da*n, you got me crying.
Reply With Quote
  #24  
Old 10-17-2005, 08:48 PM
shellbnancy shellbnancy is offline
Registered User
 

Join Date: Jul 2005
Location: California
Posts: 2
Thanks: 0
Thanked 0 Times in 0 Posts
Default

My husband was told by his counselor that he had to wait until right before getting out to ask for the time back from the 115's. Is that right? From what I read above, it isn't. Does anyone know? His counselor is not the nicest person.
Reply With Quote
  #25  
Old 10-17-2005, 09:54 PM
donsmom donsmom is offline
Registered User
 

Join Date: Apr 2005
Location: FONTANA, CA
Posts: 781
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by shellbnancy
My husband was told by his counselor that he had to wait until right before getting out to ask for the time back from the 115's. Is that right? From what I read above, it isn't. Does anyone know? His counselor is not the nicest person.
no he needs to file a form. but i dont think they can do it until they are 6 months free of the 115. when my son calls tomorrow i will ask him. he can even try to fight the 115 with a 602.
Reply With Quote
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


All times are GMT -6. The time now is 09:31 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