Question

How can my fiance get a prison prior dropped?

My fiance is an inmate at a facility who needs a lawyer to go see him. He has several issues he wants to speak upon. One of the issues is he is looking for a lawyer that can help him get a prison prior dropped. I really need a lawyer to go speak with him.
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Answered By: Law Office of Tracey S. Sang
Priors are sometimes dropped as part of a plea agreement. Does he have an open case right now? If so, he can get the Public Defender if he can't afford to hire an attorney. If he's just wanting to talk to an attorney but doesn't have a case going right now most attorneys will accept collect calls. You don't mention where he is housed so it's hard to say whether a visit is feasible.

Answer Applies to: California
Replied: 9/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Daniel K Martin
In California, lawyers who want to visit clients in prison have to fax an application to the facility. After about two weeks, the facility will notify them that the application has been approved. Try to find a lawyer who practices criminal defense near the prison since it will be cheaper that way. As for the prison prior, they are not litigate without a pending charge. In other words the time to fight the prison prior is when a new case is pending and his attorney is dealing with sentencing. Prison priors cannot be litigated before or after because they are not within the jurisdiction of the court. Prison priors have no effect if a person does not pick up a new case, then it is time to litigate or fight a prison prior.

Answer Applies to: California
Replied: 9/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Joe Dane
It would help if you posted the city or county where the case is to narrow it down. If you can't locate an attorney on this site, there are other lawyer listing sites or a Google search.

Answer Applies to: California
Replied: 9/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Rodney Nosratabadi
Prison priors could either be washed out or negotiated and stricken for sentencing purposes.

Answer Applies to: California
Replied: 9/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Joseph A. Katz
When you say "get a prison prior dropped", you have to provide the context. Do you want it dropped, that is, not included in a plea bargain on a new case, so that he does not have to serve the extra year, pursuant to Penal Code section 667.5(b)? Or, are you talking about getting it off of his record altogether, which is a long, difficult process, involving a Certificate of Rehabilitation (seven years after last getting out of custody) and ultimately, an application for a pardon from the Governor?

Answer Applies to: California
Replied: 9/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.
Try a "google" search for a prison rights attorney. I am not sure what you mean by getting a prison prior dropped..

Answer Applies to: California
Replied: 9/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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