No one wants to see their loved one die in prison, yet it happens every day. At Law Office of Michael L. Fell, we have found that many people do not know about the Elderly Parole Program passed in 2020 in the state of California. If you have a loved one that is over the age of 50 and has severed more than two decades in custody, then they could be eligible for this program.
Learn More About the Program
The Elderly Parole Program, known as AB 3234, was passed in 2020 and is now known as PC Section 3055. It is not actually the first program but the previous one required that a person must be at least 60 years old and have served 25 years to be eligible. The new rule allows for a person to be just 50 to qualify, and they only have to have served 20 years of continuous incarceration on their current sentence.
This Does Not Lead to Automatic Release
It is not enough that a person is eligible – they must also petition the parole board and be approved. It is best to do this with the help of a criminal defense attorney because we can build the strongest possible argument. At the hearing, the parole board will consider the inmate's age, the amount of time they have served, and their physical condition. If they have diminished physical condition, they might consider that this reduces the inmate's likelihood of committing future violence.
Talk to a Criminal Defense Attorney Who Can Help Determine if Your Loved One is Eligible
When you contact Law Office of Michael L. Fell, the first thing we will do is to go over the case your loved one was locked up over. We will look at the type of crime they were convicted of. Certain crimes, such as murder, are very unlikely to result in an early release of this type. However, if they are in prison due to a grand theft charge or another non-violent charge, then they might have a chance.
Next, we will look at whether they qualify based on the statute. Yes, they must be at least 50 years old and have served at least 20 consecutive years of their sentence, but there are other more complex factors in place. For example, what was their behavior like? Have they admitted wrongdoing and remorse? What happened at their last parole hearing, if any?
Once we have a good idea of the overall case, we can give you a recommendation of whether or not they are likely to qualify. If we determine they are, then we can begin the process of filing for their release. To learn more, or request a free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055 today.