Is There Such A Thing As Resentencing? And If So Does Anyone Have Any Idea How It Works. My Husband Took A Plea Bargain On 2003 He Got 12 Years. With 85 Percent Time Served. That Means He Has To Do 9 Years. He Was Denied Counsel And Was Represented By A Public Defender Even After We Had Hired A Lawyer For Him,he Hopes This Was A Violation Of His Civil Rights. And Somehow Go Back To Court But Can Anything Be Done ? Help !!!

Yes, there is such a thing as resentencing, but it will only happen if either the appellate court directs the district court to resentence or a collateral attack on the sentence is successful and it results in the district court being ordered to resentence.

Since, your husband pled, he probably waived his rights to appeal and may have waived his right to file a collateral attack. I would get a hold of the plea agreement and find out what it says. If he waived his rights, there is nothing he can do, but his time.

Also, by the way 85% time on 12 years is about 10.5 years, not 9. Sorry.

Thanks for the info

Hi, I'm new in here. But to your question.. If he signed a plea agreement he more than likely waived his right to appeal. This would take a lawyer to find probable cause to get him out of the plea. Federal time would consist of ineffectiveness of a attorney{ in which he may have} or misconduct of prosecuters. This is about the only way to be released from plea.

I knew that other people were in the same boat as us, but have never talked to anyone. My baby took a plea bargin back in 1990, when he was 19 and clueless. The DA recommended a year and the judge gave him 14!! He is back on a really stupid parole violation now and since he has served more than 75% of his time (Wisconsin law), he should be out. His attorney is working as we speak on getting him resentenced, plus a sentence credit he was due from back in 1990, because the dumb ass public defender they gave him didn't do his job. He is owed 93 days credit for when he was held in a different state and has never received that time. Definitely have your man fight. Have him use the law library, or do it online yourself (you'd be amazed at what you can find), and get him the time that he has coming, so he can come home. Good luck.

Lisa

I knew that other people were in the same boat as us, but have never talked to anyone. My baby took a plea bargin back in 1990, when he was 19 and clueless. The DA recommended a year and the judge gave him 14!! He is back on a really stupid parole violation now and since he has served more than 75% of his time (Wisconsin law), he should be out. His attorney is working as we speak on getting him resentenced, plus a sentence credit he was due from back in 1990, because the dumb ass public defender they gave him didn't do his job. He is owed 93 days credit for when he was held in a different state and has never received that time. Definitely have your man fight. Have him use the law library, or do it online yourself (you'd be amazed at what you can find), and get him the time that he has coming, so he can come home. Good luck.

Lisa

that si so great i am very happy for you my husband comes home in 5 months as of sept 3 he will go to the halfway house which is only 15 minutes away from me that will be a good day for me and my man !!!!!!! good luck to you

my man had a projected release date of 2029, went back to court 2004 and was resentenced they knocked 17 years off his sentence, because he was sentened illegally, (whatever that means) well he isue now for release 20012, but might be able to get more time off

I have heard that post Blakely/Fanfan that even plea agreements have a chance to get resentenced based on an "unreasonable" sentencing. I suggest you seek a good attorney.

don't fall for the numerous "jailhouse lawyers" I've seen these jailhouse lawyers get inmates back into court for sentence modifications and the inmate ended up with a longer sentence. beware of the slick talkng jail house lawyers. find a good lawyer.