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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

  1. 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.

  2. 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.

  3. 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.

  4. 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