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California Criminal Law: How to Re-calendar to Reduce Sentence in California?

San Diego, CA |
Filed under: Criminal defense

I live in California.
June 2012: Arrested for Receiving Stolen Property. Aug 2012: Pled Guilty to Felony receiving stolen property PC496(a) w/ Public Defender. Sentence 365 days; 3-year Probation. Still in Jail now but about to be released. Need to reduce Sentence to 364 days for immigration purposes. What to do to re-calendar?

Attorney Answers 5

Posted

You should contact the Public Defender's Office in San Diego County and ask for the Public Defender who handled your matter. He or she has the ability to put the matter on calendar to ask for a sentence reconsideration. Although for immigration purposes, the Receiving Stolen Property may be a Crime Involving Moral Turpitude.

Seth Weinstein, Esq.
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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Posted

Many judges will not help you structure your sentence to avoid immigration impacts. You should speak to your PD but the other problem is that I bet you've passed the deadline to have your sentence recalled and modified.

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Posted

You need to have your attorney seek a modification to the terms of your probation to lessen the amount of time sentenced. If your public defender is unable or unwilling to do so, you should hire a private defense attorney to do so on your behalf.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381

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Posted

Start by contacting your original attorney and/or hire a new one to assist in attempting to seek a modification of your sentence for immigration purposes, although this was really something that should have been dealt with in the summer of 2012.

Plus, as a previous answer has indicated, you still are going to have issues with the felony receiving stolen proporty conviction in and of itself.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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Posted

You could do a motion to vacate on a Padilla issue, or a Writ of Error Coram Nobis. But I would recommend, under your facts, to set the matter for a modification of probation under PC 1203. Quickly seek the advice of an immigration attorney as well.

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