My husband in in santa clara county jail. Elmwood Complex. Pleaseee Help
San Jose, CA |
he was arrested on may 23 and has been in custody since and was sentenced to a year in july will they count those 3 months? because i checked the computer on santa clara county jail and it says his release date is sept 6 2013 why?
Attorney Aragon is correct, and you didn't state what the offense was, as it can determine if he is eligible for realignment or not. If there is a computer glitch, his attorney should fix it without delay.
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Usually if a person is sentenced to a year they will serve half-time, which means a person arrested may 23 will be released November 23 of the same year. Yes, he gets credit for the three months spent in custody before sentencing. It sounds like the computer is suggesting that he was sentenced to 32 months (half of which would be 16 months, which would take you from may till september of the next year.). It is possible he was sentenced to something other than what you think he was sentenced to, and it is possible that he was sentenced on more than one count, or even more than one case (was he on probation in another case?). It is also possible that the jail (or the court clerk) made an error. You could get a copy of the minutre order from the criminal window in the courthouse where his case was called. That may clear up the confusion a little bit.
You should write to your husband and ask him what his release date is. He can request a written calculation at the jail. If there is a mistake, you should contact his lawyer to make the necessary corrections. The lawyer will need to see the paper, but keep a copy for yourself and your husband.