Skip to main content

Can a county jail sentence be suspended as i am the only care giver to my terminal husband dying from aids?

Sherman Oaks, CA |

took a plea deal on 5 felonies and 1 misd. my sentence is the following 265 county jail time and 6 months impatient rehab.

Attorney Answers 4

Posted

How long ago did you enter into the plea? I ask because generally, one may move to withdraw a plea only within six months of entering into it.

Also, did you know about your husband's condition when you entered into the plea bargain? If not, the answer is you have a chance and it is possible.

If you did know about your husband's condition when you took the plea bargain, it may be very, very difficult to withdraw the plea and modify the sentence now. Courts look skeptically and unfavorably upon such attempts. However, if you present medical documentation, it might be possible.

People v. Francis (1954) 42 C2d 335 states that the court should liberally exercise its discretion in allowing the withdrawal of a plea. However, be aware that if you withdraw the plea, you are starting all over. The terms of plea bargain may be worse the second time around. Then again, maybe your county time can be converted to house arrest if you are really really lucky.

You need to show good cause to withdraw a plea. "Good Cause" to set aside a plea is shown when the defendant demonstrates that the plea was entered as the result of a mistake, ignorance, inadvertence or some other factor that demonstrates overreaching defendant's free and clear judgment. People v. Caban (1983) 148 CA3d 706; People v. Superior Court of City and County of San Francisco (1974) 11 C3d 793.

Mark as helpful

2 found this helpful

5 lawyers agree

1 comment

Asker

Posted

I entered the plea deal back in may of 2013. I am not interested in withdrawing my plea. The DA wanted to give me 16 months with half. We were going to go to trial when I decided my Public Defender wasn't doing what I expected which to represent me the way I believed she should. Thus a hearing was had and denied on change of lawyer. However during that time against the advice of the judge and my attorney I shared why I would not take the 16 with half. My husband was ill (not as bad as he is now almost 4 months later), I have an ugly family court case going on, a 7 year old who wants to physically harm himself, and this criminal matter. I know that I should at least attempt an impatient drug program as I have never done one. I stay clean and or work an honest program for years at time but. seem to eventually relapse. So the judge came up with 265 of which I have done 36 days (my husband got me out on $90,000.00 bail) and 6 months impatient. I would like to apply for house arrest (I have done it once before with no problem) before my surrender date as well as start before said date if possible. It would aliviate my issues with my husband as I have power of attorney, my son, and the judge in family court who has been quite clear that if either party does not comply with the very few things he has told us to do before our next hearing i.e. attend mediation (LA County Sheriffs will not transport you to such a thing & possibly would not even take me to the next hearing for family court), we would be found in contempt of court put in jail and fined $200. So I have a very full plate, I need to be available by phone for both my husband and my child's needs at this time. If house arrest and starting before surrender date isn't an option than maybe doing drug rehab first. Yes, I am aware most programs don't allow for contact within the 1st 30 days but they do allow for such things as speaking with medical personnel due to my power of attorney for my husband.

Posted

Yes, the term can be suspended, or stayed; the judge has the discretion to do this. Did you know about your husband's condition at the time that you were sentenced? Did you tell the judge? If you did and he imposed the sentence you describe, it is unlikely that the judge will suspend your sentence now. If not, or if there are some other factors that were not raised at your sentencing hearing, you can either request a modification hearing on the original sentence, or a modification of the terms of your probation. But, with the number of crimes involved you cannot expect not to have some punishment component because of your husband's unfortunate situation. It might more realistically be delayed rather than reduced or eliminated. You should have an attorney explain your options and assist you with the process if he/she feels it is appropriate.

Mark as helpful

3 lawyers agree

Posted

How long ago did you enter the plea? there is a time limit on resentencing. It can be done if you are within the time limits.

Mark as helpful

3 lawyers agree

Posted

Possibly, but you need an attorney and adequate documentation that his condition has worsen since you were sentenced . Tis is not easy- imagine if everyone incarcerated came up with the same type or similar excuse.

Andrew Roberts (818) 597-0633/ (805) 496-7777

Mark as helpful

3 lawyers agree