Summary
To apply for a resentencing hearing in California, file a petition with the court where the original sentence was given. Include proof of completed base terms and any evidence of rehabilitation. You do not need to wait for all base terms to end if they are separate cases. If your son has completed both base terms, he may be eligible for resentencing. Consider seeking help from legal aid organizations if a public defender or private attorney is not an option. A basic petition template includes your contact information, case details, and supporting documents. Follow up with the court for any additional requirements.Full Conversation
My son is incarcerated in the CA prison system. He has completed his base term and should be el7gable to apply for resentancing hearing. Can you tell me how to go about getting that hearing and what papwrwork i need to file to do it
To apply for a resentencing hearing in California, you need to file a petition for resentencing. Here are the steps and paperwork you may need:
- File a petition for resentencing with the court where the original sentence was handed down.
- Provide supporting documentation, such as proof of completed base term and any evidence of rehabilitation.
- Contact the Public Defender's office or a private attorney for assistance.
Is there any specific detail about your son's case or location you need help with?
He has * cases with sepreate base terms do i need to wait until they both end? Can you help me draft the proper paperwork to apply for his resentancing
In California, you generally do not need to wait for both base terms to end before applying for a resentencing hearing. You can apply once the base term of a specific case is completed.
One relevant question to better understand your situation:
Did your son complete the base term for both cases or just one of them?
If you need the paperwork drafted, I recommend contacting a legal professional or the Public Defender's office for accurate assistance.
Yes he completed both base terms. He doesn't qualify for a public defender and can't afford a private attorney
Since your son has completed both base terms, he might be eligible for resentencing. Here are some steps you can take:
- File a petition for resentencing with the court where the sentences were handed down.
- Include proof of completed base terms and any evidence of rehabilitation.
- Seek assistance from legal aid organizations that offer free or low-cost services.
Is there any specific document you are struggling to prepare?
Can you help me draft the correct petion for resentancing
Sure, ****! Here's a basic template for a Petition for Resentencing in California:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Name of Court]
[Address of Court]
[City, State, ZIP Code]
Re: Petition for Resentencing
Case No: [Your Son's Case Number(s)]
Inmate: [Your Son's Full Name]
CDCR No: [Your Son's CDCR Number]
Honorable [Judge’s Name]:
I am writing to petition for the resentencing of my son, [Your Son's Full Name], who is currently incarcerated at [Name of Prison]. He has completed the base terms for his sentences in case numbers [Case Number *] and [Case Number *].
In support of this petition, I have attached the following documents:
- Proof of completed base terms.
- Evidence of rehabilitation and good behavior.
- Any other relevant certificates or documentation.
I respectfully request that the court schedule a hearing to consider this petition for resentencing. Thank you for your attention to this matter.
Sincerely,
[Your Name]
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Make sure toattach all required documents and follow up with the court for any additional requirements. You might also want to consult with a legal aid organization for further assistance.
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