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The sentence given and time served is different from the deal he accepted, what can be done to get him out of jail now?

Los Angeles, CA |

His public defender told him the plea deal was for a 5 day sentence where he would only serve 36hours. When he turned himself in, he was given a 20 day sentence where he would serve 5 days. This is not the deal he agreed to so what can his family do to get him out sooner?

Attorney Answers 4


  1. a 20 day sentence? he'll likely be out before anyone has a chance to do anything.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. Mr. Solis is correct that the difference between a 5 day to 3 day sentence will take longer to address with the sentencing judge than he will actually serve in jail

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  3. For practical purposes, probably not much to change anything.

    Academically or hypothetically, his family can ask the public defender to put the matter on calendar on Monday and ask for a nun pro tunc order correcting the sentence to what the public defender believes it is. However, by the time the corrected order makes it to the jail and the release date is fixed, he will probably already be released.

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