SB483 Bill can I file ??

[sharon Hensley]

Jurisdiction

California

So We we think my husband is eligible for this bill and resentencing but his attorney has done nothing in 5 years so we are going to try and get our money back as nothing has been filed on his case since 2010 he has already done his base term and on enhancements now we haven't heard anything yet and the date has passed can we file for it ourselves why we get a new attorney ??

 

[justblue]

So We we think my husband is eligible for this bill and resentencing but his attorney has done nothing in 5 years so we are going to try and get our money back as nothing has been filed on his case since 2010 he has already done his base term and on enhancements now we haven't heard anything yet and the date has passed can we file for it ourselves why we get a new attorney ??

Has the attorney been paid monies above and beyond the amount due for the trial?
Has your husband contacted the attorney to ask why the attorney hasn't filed anything?
What was your husband convicted of? What was the enhancement?

 

[zddoodah]

We we think my husband is eligible for this bill and resentencing

1. Why?
2. What crime(s) was he convicted of committing?
3. When was he convicted?
4. What sentence is he currently serving?
5. What enhancements were used?
6. Has the California Department of Corrections and Rehabilitation ("CDCR") provided the required information regarding your husband to the sentencing court? If so, when did that happen?

his attorney has done nothing in 5 years

SB 483 only went into effect on 1/1/2022, and there wasn't much of anything for your husband's attorney to do in relation to SB 483 until the CDCR provided the information to the sentencing court. The CDCR provided the required information for relevant criminals in two stages this past spring and summer. Once the information was provided, it was up to the sentencing courts to consider whether criminals for whom information was provided should be resentenced. For a criminal who has served his base term and is currently serving a sentence based on the enhancement(s), the sentencing court had until October 1, 2022, to resentence the person.

As far as the last five years BEFORE SB 483 went into effect, it's not clear what you think the lawyer should have been doing. Typically, the lawyer's responsibility ends when the criminal is sentenced.

we are going to try and get our money back as nothing has been filed on his case since 2010

What money? And on what basis do you think you're entitled to get it back? What do you think should have been filed?

can we file for it ourselves

Not sure who "we" are, but you cannot do anything other than hire a lawyer to represent your husband.

 

[army judge]

So We we think my husband is eligible for this bill and resentencing but his attorney has done nothing in 5 years so we are going to try and get our money back as nothing has been filed on his case since 2010 he has already done his base term and on enhancements now we haven't heard anything yet and the date has passed can we file for it ourselves why we get a new attorney ??

What is his scheduled release date?