California Sentence Recall Process

Summary

California Penal Code 1172.1 allows courts to recall and resentence individuals if it serves the interests of justice. If there was late disclosure of Field Interview (FI) cards during your trial, it might be a violation of your rights to a fair trial. Prosecutors must disclose all evidence, including FI cards, to the defense. Failure to disclose can be grounds for appealing or recalling the sentence. Consult an attorney to draft a motion for resentencing, citing the late discovery and any relevant precedents. Include any new evidence or changes in law that support your case.

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She’s a private Attorney
Got it, it seems you're asking about Janice Marie Allard, who is a private attorney. If you have a specific legal question or need general legal information, could you please provide more details about your situation? This will help me guide you better.
Is she a good attorney and does she have a case against her
I can't provide specific information about Janice Marie Allard's reputation or any cases against her. You might want to check online reviews, bar association records, or court filings for more information. Do you have a specific legal issue you're dealing with?
Yes
It seems you want to know about Janice Marie Allard and her reputation. While I can't provide specific details, checking online reviews, bar association records, and court filings can help. Do you have a specific legal issue or question I can assist you with?
*.*
It looks like you're referencing California Penal Code *.*, which allows courts to recall sentences and resentence individuals if it serves the interests of justice. If you or someone you know is affected by this, can you provide more context or details about the situation?
Yes
California Penal Code *.* allows courts to recall and resentence individuals if it serves the interests of justice.
- Are you seeking to recall a sentence for yourself or someone else?
- Has there been a recent change in circumstances or legal developments affecting the case?
Myself
Under California Penal Code *.*, a court can recall and resentence if it's in the interest of justice. Key points include:
- The process can be initiated by the court, the defendant, or the prosecution.
- It often considers new evidence, changes in law, or other significant factors.
Have there been any recent changes in your case or new evidence that could affect your sentence?
Yes
It sounds like you might have a potentially strong case for a sentence recall under California Penal Code *.*. Here are some key points:
- The process can be initiated by the court, defendant, or prosecution.
- New evidence, changes in law, or other significant factors are considered.
Could you share more details about the new evidence or changes in your case?
What is a fi card
An "FI card" stands for "Field Interview card." It is typically used by law enforcement to document interactions with individuals during field interviews or stops. The card usually includes details like the individual's name, date of birth, reason for the stop, and any pertinent observations made by the officer.
Is there a specific situation involving an FI card that you're concerned about?
Yes
An "FI card" (Field Interview card) is used by law enforcement to document interactions during field interviews or stops. It includes details like name, date of birth, reason for the stop, and observations.
Could you provide more details about your specific concern involving the FI card?
It was brought up in trial but the prosecutor did pass out all the fi cards
Case Rating: *
It sounds like the Field Interview (FI) cards were used as evidence during your trial. Here are some key points about FI cards:
- Documentation: FI cards document police interactions, which can be used as evidence.
- Disclosure: Prosecutors are required to disclose evidence to the defense, including FI cards.
Was there any issue with the disclosure or use of these FI cards in your trial?
Yes
It seems you have concerns about the disclosure of FI cards during your trial, which may impact your case under California Penal Code *.*.
- Prosecutors must disclose all evidence, including FI cards, to the defense.
- Failure to disclose can be grounds for appealing or recalling the sentence.
Would you like more information on how to proceed with this issue?
They used information off the fi card and use late discovery which is presidential
It sounds like you might have a strong basis for challenging your sentence under California Penal Code *.* due to issues with evidence disclosure. Here are some key points:
- Late Discovery: If the prosecution disclosed FI cards late, it might be a violation of your rights to a fair trial.
- Precedent Impact: Late discovery can be significant if there are precedents (previous cases) that support your argument.
Would you like to know how to file a motion for resentencing based on these grounds?
Yes
If you believe that there was an issue with the late disclosure of FI cards during your trial, you may have grounds for a motion to recall and resentence under California Penal Code *.*. Here are some steps:
- Consult an Attorney: Legal advice specific to your case is crucial.
- File a Motion: Draft a motion for resentencing, citing the late discovery.
- Evidence: Include any new evidence or changes in law.
Would you like more detailed information on any of these steps?
Yes
To proceed with filing a motion for resentencing under California Penal Code *.*, follow these steps:
- Consult an Attorney: Given the complexity and importance, legal advice tailored to your case is essential. An attorney can help draft and file the motion.
- File a Motion: Draft a motion for resentencing, explicitly citing the late discovery of the FI cards and any relevant precedents.
- Gather Evidence: Include any new evidence or legal changes that support your case.
Would you like more information on any specific step, or do you have another question?