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Old 10-12-2019, 02:11 PM
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Default Franklin Hearing

Hello
My husband and I are thinking of submitting for a Franklin hearing and was wondering if anyone has gone through one and can share their experience?
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Old 10-12-2019, 02:59 PM
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We had one last year. They sent social worker to the facility to interview him-- childhood experiences, substance abuse, education. All and anything that may have been a contributing factor toward criminality and used as a mitigating factor in sentencing.

They then typed that interview up into a narrative which is signed off by the person in charge (in our county it is a designated atty, I'm not sure all counties have it that streamlined).

In theory, that hearing can then be used for resenting or parole hearings. We're up for parole this month and so far, no one has seemed the least bit interested in it.

When I asked if there was any chance he would need to return to county for this process, they said no (this is San Bernardino) and that their goal is to not do that unless a judge requires it. Too much money, risk, ect.

Last edited by miamac; 10-12-2019 at 03:08 PM..
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Old 10-12-2019, 06:05 PM
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Thanks for responding.
That was actually our hope, to go back to court and while there try to get some action at resentencing. Now I’m thinking that probably won’t happen lol
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Old 10-12-2019, 10:50 PM
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Originally Posted by trueblue310 View Post
Thanks for responding.
That was actually our hope, to go back to court and while there try to get some action at resentencing. Now Im thinking that probably wont happen lol
I mean I guess it's possible! It really seems like most counties don't know what to do with them post-conviction. So if you have a point person in your county who's willing to hear you out and make it happen, it might be worth it.
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Old 10-15-2019, 12:13 PM
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The purpose of a Franklin hearing is to allow him to put on the record information regarding his characteristics and circumstances at the time he committed the offense as a juvenile, so that when he comes up for a youth offender parole hearing in the future, the parole board will have that evidence before it to consider. The idea is to put that evidence on the record now before documents disappear and memories fade over time. There is no immediate benefit to having a Franklin hearing.
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Old 10-15-2019, 12:25 PM
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The purpose of a Franklin hearing is to allow him to put on the record information regarding his characteristics and circumstances at the time he committed the offense as a juvenile, so that when he comes up for a youth offender parole hearing in the future, the parole board will have that evidence before it to consider. The idea is to put that evidence on the record now before documents disappear and memories fade over time. There is no immediate benefit to having a Franklin hearing.
I'll report back after his hearing, but it doesn't seem to be that impactful for those having it done retroactively. Not knocking its purpose, but unless the Board brings it up during the hearing it has been a zero-sum activity for us. To the point where he was told he wasn't entitled to one (incorrect information, but including it as evidence of the lack of understanding).
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