If I am AB109 can I see a judge and get sentence modified

Asked about 1 year ago - Valley Center, CA

I was sentenced to 16 mos and had over 400 credits at sentencing than did 9 actual months I want to be released from ab109 I did my time

Attorney answers (5)

  1. Greg Thomas Hill

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Can you see a judge to get your sentence modified if you are under AB109? No, if you think AB109 provides for this.

    By the way, if you are on the Internet, aren't you released from jail already? Is this question moot?

    If your sentence is subject to Assembly Bill 109, it merely means that you will serve your sentence in county jail to ease prison overcrowding. When you say, "I want to be released from AB109," this suggests you want to go to state prison.

    What crime were you convicted of, leading to the 16 month sentence? Did you waive credits at sentencing? Did you pick up any new charges while in custody?

    If you had over a year of credit towards a 16 month sentence and then served nine more months, you should be out. Something is amiss and AB109 has nothing to do with it and it is not a solution to you.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No if you are already on AB 109.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Maltaise E Cini

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You should get in touch with the attorney who represented you to assist you with this.

  4. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Contact your attorney, it's possible that the credits are incorrect. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  5. David Philip Shapiro

    Pro

    Contributor Level 18

    Answered . Step one is contacting the attorney who originally represented you. If you are unable or unwilling to do so, then you should consult with a locally experienced criminal defense attorney who may be able to pull your file and advise you accordingly.

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