Its probably better and likely to be more effective if he has his lawyer put the case back on calendar for a sentencing modification. He can do it himself - he can start by sending a kite - that process often takes longer then having a lawyer do it for him but it can also be effective.
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Modify it how? And why?
I can only assume he had an attorney for the original sentencing. If there is going to be any sort of modification, the case will have to be put back on calendar and in front of the judge that sentenced your son. He should contact his attorney to discuss what he's trying to do so they can advise him and help accomplish his goals.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
It depends on the nature of the request.
If he's eligible for resentencing as a misdemeanor under Proposition 47, he should contact the Public Defender's office in the county where he was convicted. There's a chance they've already started the process on his behalf.
Otherwise, any request to recall the sentence has to be made within 120 days of sentencing. Without more information, it's impossible to give any sort of guidance.
If you have a loved one in custody, I strongly recommend getting them a copy of the California Prisoner Handbook from the Prison Law Center. It costs $40 if you have them send it directly to an inmate or parolee, which is a real bargain; my copy cost me $182, plus $50 for the latest supplement.
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You have not included some important information such as why your son is seeking a sentence modification. However, in order to seek one, the case would have to be placed on calendar in the court/judge where he was sentenced. Contact the attorney who represented him on the original case as they would be most familiar with the case. Otherwise, you should consult with a local criminal attorney and let them know what you are seeking. Good luck.
You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best.
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He should contact the attorney who represented him on the case. If this attorney is no longer handling the case or, if your son doesn't like what his current attorney is saying, he should hire a new one.
The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
You need a lawyer to deal with this. He may not qualify under Prop 47. Everyone in jail is going crazy over this new law and they think it applies to everything, but it doesn't. Call someone on Avvo or another lawyer that you feel comfortable with and get a consultation. Best.
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