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  #26  
Old 04-03-2019, 09:05 PM
Londonf Londonf is offline
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Originally Posted by missingdee View Post
You've shared enough that we can speculate. Not enough that we would be able to give a concrete answer. Telling us what section or sections of the penal code he is being charged with would not reveal his identity in and of itself. I suppose if you told us the county he's being tried in, location of the crime, and a few other specifiers and someone REALLY wanted to figure out who he was, MAYBE. But if you just said "I don't want to talk about where he's being tried, but he's being tried on a county of burglary," I could probably narrow him down to about 10,000 different people at best.


And as I said, if you won't explain HOW it's an injustice, then we don't understand why you're insisting on it, or why others would.


I gave you information about another friend of mine. Her situation was two charges of attempted murder along with a few enhancements that would have made her max-out 43 to life. She settled for one count of Assault with a Deadly Weapon (PC 245) and one count of Shooting at an Inhabited Dwelling or Occupied Vehicle (PC 246.) She had an enhancement for use of a handgun.


Tell me. Based on this information, would you be able to figure out who she is without a name or a location?


I could post the entire file. I could walk you through it. I could explain what the Detectives got wrong, what alibis were ignored, the details that were inconsistent, and the fact that they never once proved that she ever had a gun, let alone shot one (in fact, a previous incident involving the same "victim" claiming she had a gun was investigated, her home searched and her car searched, and no gun was found.) That's the point. I don't just say it was an injustice. Without going through the details, because I'd be taking this completely off-topic, I CAN say that I could walk you through HOW it was unjust. I can point at how the police department in the city the crime occurred had a group of gang investigators that are known as "The Cowboys" who essentially ran a Wild West-type investigative environment and played loose with evidence and facts and ran off one of the Chiefs of Police solely because she was a female.


My point is, generally speaking, even within the context of protecting privacy, I could give you details that explain why I think what happened to my friend was unjust. I have absolutely no idea why what happened to your guy is unjust. I just know that he got a 3 year state prison sentence. I don't know for what. I DO know that he apparently did not get AB 109 and went to State Prison which tells me it was likely a strike felony and he did not get probation. There are a lot of things I can decipher from the information you gave me, but I cannot decipher what sentencing structure might apply or why what happened was unjust. In short...there is literally nothing to judge. You're literally just leaving us to assume.
Well damn you telling me
Stuff I didnít even know he got lol . Thatís crazy , what is ad 109 and how would you know he didnít get probation and if thatís the case why didnít they give him
Probation ? Also I am very Srry about whst happen to your friend that is so mess up indeed .
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  #27  
Old 04-03-2019, 09:09 PM
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I've rarely heard sentencing that seemed just in light of the accusation/confessed crime so we'll just skip that part.

As for the above, that's absolutely your right and for some folks a smart move. But the truth is you haven't given us 1/10 of the information we would need to get an accurate estimation on how long he will serve and part of feels like maybe you just can't. That's not uncommon, but it is a little sketch. Credit earnings and time-to-serve really is that multi-faceted. That's been stated plainly several times but it doesn't seem to be making it any clearer. On behalf of everyone who's ever tried to figure out when their loved on is being released from CDC, we empathize. We have zero reason to make it more complicated, frustrating or heartbreaking than it already is.

I will add this and then I'm out:
Particularly with short sentences, it seems like folks are so focused on how much time they'll do and get back home that they completely overlook that part of incarceration is a time out for a wrong-doing and a chance to learn how to do it differently the next time. That doesn't happen overnight. Some folks need time to get that program in, to gain clarity, to get clean time, to find out where they went wrong and make a better plan for the future.

As a loved one, us rushing them back out doesn't help them. Us being focused on their time doesn't help them. Us flailing because they don't have control over anything in there like phone time or sentencing, doesn't help them. What helps is patience. Heaps of it. Understanding, higher expectations of behaviour than maybe we had before. And hope. My husband would thump the back of my head if I didn't put that on the list.

I know this must be hard. Clearly the separation has put you in a spin and no one would fault you for that. But it's time to put on your big girl pants and figure out what YOU'RE going to do with whatever time he has. Because it's going to happen, make the best use of it. Both of you. Set goals. Knock 'em down. Use this time to improve yourself and expect the same of him. Not everything about getting a restart is bad. There is actually positive in this if you go looking for it. But I can promise you it doesn't start by watching the clock.

Best to you.

I know I am trying to get through it but Iím going through so much mentally for some reason . Itís msking me crazy so that why some times I canít help it but try to figure out when he can come home so hopefully things can go back to normal . Idk I come here to be comforted but you guys say things that make me worry and they are different from what I was thinking .
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  #28  
Old 04-04-2019, 07:38 AM
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Oh dear.....**dk I come here to be comforted but you guys say things that make me worry and they are different from what I was thinking .****




I DO understand this. I had so many questions when I first started coming to PTO. I would read and read and find things that at first sounded hopeful, only to learn after reading more, that I was mistaken about the hopeful part. I would be quite upset over it.
And truth be told? and especially looking back now?
It was good to learn of the worst case scenario
It left me better prepared. Alot better prepared for everything thats happened, and everything thats happened since leaving prison, and returning back to society.


Thats why I was telling you, have patience. Breathe. Stay busy doing other things.
It WILL help.
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  #29  
Old 04-04-2019, 08:19 AM
onedayatatime13 onedayatatime13 is offline
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Look in the beginning it is hard to absorb everything. Someone I know if now dealing with our state. I have been through this long enough to answer most questions.

He was told one thing and relayed it to her. Neither of them know. Counselor were giving misinformation, or heard from other inmates(90% of what they say is wrong), or misinterpreted things they heard.

I would tell her no. Chances are slim to none based on charges. This is probably what you are look at. She would argue and blow it off. Then get a call later. You were right. How do we do this? How does this work?

I would answer to the beat if my ability. Sometimes there answer is multi layered with many outcomes.

Best advice: try not to panic, take everything in yet don't hold on to it as truth immediately until you have proof, and read everything you can.

If not, you leave yourself open to a lot of disappointment and that will make you crazy. Nothing is getting solved, fixed immediately. Plan on the worst case scenario. Wrap your mind around it. Develop patience
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  #30  
Old 04-04-2019, 12:14 PM
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Originally Posted by Londonf View Post
Well damn you telling me
Stuff I didnít even know he got lol . Thatís crazy , what is ad 109 and how would you know he didnít get probation and if thatís the case why didnít they give him
Probation ? Also I am very Srry about whst happen to your friend that is so mess up indeed .

Yeah, it was really messed up.


AB 109 is an assembly bill that became state law in California a few years ago that essentially moved the responsibility of lower-level felonies from the state prisons and parole offices down to the county jails and county probation departments. It was called a "realignment."


This is one website that explains it a little more in-depth from a legal standpoint: https://www.shouselaw.com/realignment.html


The intention of the law was good. Basically: give more leeway to courts in sentencing lower-level offenders to less-restrictive sentences. It helped to clear out the prison of lower-level offenders and, at least in theory, was intended to give those offenders a better opportunity to move on with their lives and not re-offend.



The law has been controversial because some people who have benefited from it have gone on to commit violent crimes while under AB 109 supervision, time which they otherwise would have been spending in prison or under more restrictive parole supervision.


Again, we don't have the information, but if he's doing time in a state prison, then my assumption is that either
1.) his crime did not qualify for AB 109

or
2.) he has a prior crime that makes him ineligible for AB 109 (usually a prior strike felony or sex offense. For example, Dee would be ineligible for AB 109 because she has a conviction for robbery which is considered a violent crime.)


Remember, I don't know, for certain, either of those things. I'm just explaining that those are generally the reason someone would not get AB 109.



Hope that clarifies a bit on what that law is.


-Eric
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  #31  
Old 04-11-2019, 09:43 AM
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Originally Posted by missingdee View Post
Yeah, it was really messed up.


AB 109 is an assembly bill that became state law in California a few years ago that essentially moved the responsibility of lower-level felonies from the state prisons and parole offices down to the county jails and county probation departments. It was called a "realignment."


This is one website that explains it a little more in-depth from a legal standpoint: https://www.shouselaw.com/realignment.html


The intention of the law was good. Basically: give more leeway to courts in sentencing lower-level offenders to less-restrictive sentences. It helped to clear out the prison of lower-level offenders and, at least in theory, was intended to give those offenders a better opportunity to move on with their lives and not re-offend.



The law has been controversial because some people who have benefited from it have gone on to commit violent crimes while under AB 109 supervision, time which they otherwise would have been spending in prison or under more restrictive parole supervision.


Again, we don't have the information, but if he's doing time in a state prison, then my assumption is that either
1.) his crime did not qualify for AB 109

or
2.) he has a prior crime that makes him ineligible for AB 109 (usually a prior strike felony or sex offense. For example, Dee would be ineligible for AB 109 because she has a conviction for robbery which is considered a violent crime.)


Remember, I don't know, for certain, either of those things. I'm just explaining that those are generally the reason someone would not get AB 109.



Hope that clarifies a bit on what that law is.


-Eric


So I just checked his eligibility date and it went down a month actually So do that mean hat it could go down some more ? Or he could get out even earlier than that ? Do you think it will change again

Last edited by Londonf; 04-11-2019 at 09:44 AM.. Reason: Wrong info
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Old 04-11-2019, 10:29 AM
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So I just checked his eligibility date and it went down a month actually So do that mean hat it could go down some more ? Or he could get out even earlier than that ? Do you think it will change again
Yes it will.
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  #33  
Old 04-11-2019, 01:20 PM
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So I just checked his eligibility date and it went down a month actually So do that mean hat it could go down some more ? Or he could get out even earlier than that ? Do you think it will change again

It could be a product of recalculation, it could be a product of him getting some credits for something (not likely if he is in reception, but not impossible.) The eligibility date posted online is always based on an estimate (note that they never put the actual expected day of release, only the month.) The final release date is always determined by the counselor and will be shared with him when he actually gets his finalized out date. So it's possible, depending on how his credits actually get calculated and where he's housed, that he could get out earlier than that. It's also possible that, if he gets disciplinary action taken against him, that the date could move backwards. Chances are good that at some point the date will change again. But final word will come to him from his counselor or any committee meeting he may have. Patience on that.


-Eric
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  #34  
Old 04-11-2019, 02:08 PM
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It could be a product of recalculation, it could be a product of him getting some credits for something (not likely if he is in reception, but not impossible.) The eligibility date posted online is always based on an estimate (note that they never put the actual expected day of release, only the month.) The final release date is always determined by the counselor and will be shared with him when he actually gets his finalized out date. So it's possible, depending on how his credits actually get calculated and where he's housed, that he could get out earlier than that. It's also possible that, if he gets disciplinary action taken against him, that the date could move backwards. Chances are good that at some point the date will change again. But final word will come to him from his counselor or any committee meeting he may have. Patience on that.


-Eric
Iím not very worried about him getting more time . You never know tho but Iím staying positive. He doesnít have anything to prove in there he wants to go home bad so I doubt he will get an any trouble . Prayers on that . I just thought it was interesting it went down a month . He should be getting out of reception soon this month type . So hopefully they drop some mor . But now that I think about it I think it could be just recalculated cause itís still in the time frame of his sentence
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Old 04-11-2019, 02:12 PM
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Iím not very worried about him getting more time . You never know tho but Iím staying positive. He doesnít have anything to prove in there he wants to go home bad so I doubt he will get an any trouble . Prayers on that . I just thought it was interesting it went down a month . He should be getting out of reception soon this month type . So hopefully they drop some mor . But now that I think about it I think it could be just recalculated cause itís still in the time frame of his sentence

He would know better.


And the reality is that most of them want to get home bad and technically have "nothing to prove." Then they get caught up in something and the next thing you know they've lost their date. Or someone has beef with them and puts them in a situation to lose their date. It's good to stay positive. However, you have to keep in mind that there are a lot of really non-positive things going on in prison.


Hopefully he will be out by the date or sooner.


-Eric
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