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CA Criminal Lawyer - Reduce sentence or Recalendar

San Francisco, CA |

I live in California. I was arrested in June 2012 for receiving goods that were stolen. I hired a Public Defender, who advised me to plead guilty to PC496(a) Receiving Stolen Property in August 2012. My sentence was 1 full year. Probation was three years. I am still in jail. Need to reduce Sentence to 364 days for immigration purposes. What to do to re-calendar?

Is it too late to reduce sentence?

Attorney Answers 4

  1. From your facts, yes it is too late for a reduction of sentence.

  2. Unfortunately, yes, it's too late to change your sentence. I recommend speaking to an immigration attorney to see what else can be done.

  3. If you were not properly advised of the consequences of your plea, including immigration consequences (e.g. that a sentence of 365 days or more can make you redeportable or excludable) then you may have grounds to withdraw your plea for ineffective assistance of counsel. This needs be done by way of writ of habeas corpus. This can be done now or when you are released from county jail. Feel free to call me for a free consultation.

  4. I agree that you may have a motion to withdraw plea if you were not properly advised. Call the Public Defender's office immediately and speak to the attorney or a supervisor. Ask them to put the matter back on calendar. The court (if the DA is also agreeable to this) may allow you to withdraw plea and enter new plea to 364 for this purpose. It's been done.

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