Your son will get credit for every day he served in jail and usually double time! (1) he should not waive his back time (2) he should not waive time for sentencing unless he is getting a deal.
Your best bet is to make sure he is being represented accurately.
Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.
He can require sentencing within 48 hours. The reason he isn't doing that is because his lawyer is working a deal for his testimony. They don't want him to be sentenced because they want to hang the deal over his head to make sure that he testifies the way they want.
The PC 667/5(b) sentencing enhancement adds a year of prison time for defendants who have a prison prior within 5 years. The judge can strike this enhancement, however, so maybe they're waiting until he testifies to sentence him without that enhancement. Depending what his Co-Defendent did (the principal actor in his PC 32-harboring charge), his sentence might be low enough as to where his 3 years in county awaiting sentencing is enough.
Nicholas M. Loncar, Esq.
t. 323.803.4352 | f. 323.617.3838
Sunset Law Building | 1295 W. Sunset Blvd
Los Angeles, CA | 90026
Firstly, my heart goes out to you. If he is charged with accessory after the fact, it must be for murder because he has been in a long time. If he is going to testify against another inmate, they are probably going to give him "immunity" i.e. he can invoke his fifth amendment rights so as not to incriminate himself. He definitely needs a lawyer to protect his rights. This is a very slippery slope because if the other inmate is a friend or acquaintance, they may regard him as a "snitch". I am sure his attorney (if he has one) worked out a deal that if he turns state's evidence against the perp-he will have a good deal as far as his plea bargain. I don't know enough about the facts but it sounds pretty involved. Good luck to you. LAW OFFICES OF VICTORIA CLEMANS, OWNER. (310) 803-9111
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