MY HUSBAND GOT 5 IN AND 5 OUT AND HIS CASE WORKER AT LEXINGTON TOLD HIM HE WAS ELIGIBLE AFTER 120 DAYS TO GO IN FRONT OF A JUDGE AND TRY TO GET HIS SENTANCE REDUCED. IF ITS A "VIOLENT" CRIME IS THAT POSSIBLE?
THANK YOU IN ADVANCE FOR YOUR REPLIES!
JENNIFER

I am not sure on that one I know after a year they can get a judicial review but I dont know about the 120 days good luck finding out!!

I dont want to put a damper on anything but usually if it is a violent crime they wont reduce sentences let alone make parole their first time up in front of the pardon and parole board. I havent ever heard anything about the 120 day thing either.

MattsWife is talking about the 1 year Judicial Review with the court code of 120. That one confused me too at first. We just got through with ours last month and it didn't go well at all :(

Our lawyer thought they would for sure reduce his 18 year sentence to 3 as long as he had no write ups, which he doesn't. Well, it didn't quite go down that way. His sentence was reduced to 14 years in 4 out. His lack of education caught up to him. They felt he needed too much schooling to even go into the recommended counseling program. So, he has to get his schooling level up, then counseling, and they wanted to make sure he had enough time for both before being allowed back into society...blech! We've got that danged 85% rule messing us up too. So it's gonna be a loooong time before he comes home to me.

From what I understand, anyone with no prior felonies or escape attempts is eligible for a 120 Judicial Review at their 1 year anniversary. But a lawyer has to request it from the original Judge and then the Judge decides if there is any merit in granting one. My guy is in on a trumped up SO charge and he was granted one. If he can get one I would think almost anyone can.

Freckles

PS: MattsWife, I sent you a PM with all the info. Let me know if you don't get it :-)

I am aware of two particular individuals that have been successful at getting a favorable judicial review prior to the end of 1 year after they were sentenced. The district loses jurisdiction after one year for purposes of modifying a sentence. However, a post-conviction petition has also been successful at times, depending upon the circumstances.

One caveat, many inmates once placed at a facility, immediately request the judicial review, however, it is more successful if done at least after 6 months, but it can't be requested and reviewed after 12 months.

Hi Mattswife-
I don't know if what I have to say is at all relevant to your sitruation but here goes... My son, David, has been in since 1997 - a Wisconsin prisoner who has been shipped all over the country to private CCA facilities. In November, 2003, he had a hearing for a motion for sentence modification and I went in beforehand and spoke with the DA who was representing the state in the hearing. I kinda laid my soul bare in front of him...gave him a synopsis of what David had been through in the system and asked that he seriously consider David's request. He informed me that David had actually filed the wrong motion and that he would argue against it due to a technicality. However, the DA advised me to have David write directly to the Judge and explain everything I had told him. Well, miracles do happen because we went into the courtroom and I was about as down and down can get, knowing how the motion would be ruled...and sure enough, the DA did argue against David's motion...BUT, imagine my surprise when the DA then asked for a motion to be heard for a sentence reduction (not modification) simply because "we've shipped this guy all over the country for 6 years and it's time he came home". January 29 should be his release date but since he's still in Minnesota, and should have been returned to Wisconsin at least 90 days before his release date, who knows what will still happen. Anyway, keep hoping, keep trying, and keep standing by your man...your strength is his strength. My prayers are with you!
Kim

THERE MUST BE A DIFFERENT MATTSWIFE BECAUSE I DIDN'T WRITE THIS- WE ARE FROM KANSAS!