View Full Version : Looking for info on sentence reduction


Berae
09-15-2010, 08:46 PM
can anyone tell me if they know anything about getting sentences reduced? commutations? and just how hard it is to actually get a hearing for that? Does it take Money?

Heluvedme1st
09-15-2010, 09:34 PM
Well I know some people that have got a sentence reduction and used a public defender

Colorado_Lawyer
09-16-2010, 12:35 PM
Need way more information than what you posted. What are the charges? What is the sentence? Is this state or federal court? When was he sentenced? Did he plead guilty? If so, was the sentence stipulated? If he pled not guilty, did he appeal his conviction? When was the appeal over?

Gavin123
09-22-2010, 02:18 PM
Yes, let me add a couple of questions to this. My son filed for PCR. I found it on-line with a case # so obviously they are looking into it at this point. He pled to 15 yrs with no stipulations...he pled at the last moment before trial, his PD scared him to death telling him he would get life. He will have to do 85% of this time in S.C. He has no other convictions on his record. Charges, armed robbery 2 counts... each 15 yrs, 2 counts weapon posession (even thou there was no gun)...each 5 yrs all run concurently. He was sentenced in feb this year. I believe it is state court, he's in a state prison. Can you tell me anything about this colorado lawyer...the PCR?
Thanks

Colorado_Lawyer
09-22-2010, 02:29 PM
Forgive me, but I do not understand the acronym "PCR" Can you spell it out? Different courts in the different states use different short hand lingo.

However, I can tell you that it is extremely difficult to get a sentence reduction with a guilty plea unless there are extremely unusual conditions involving the health of the defendant.

Gavin123
09-25-2010, 05:40 PM
PCR...Post Conviction Relief
Filed: Ineffective councel...The attorney did suck for sure. First time he went to see my son was the day of trial, the day he scared him into a plea. My son, sitting in county, had only talked to his investigator a couple of times. I was the one that made 3 appointments to see the attorney and try to find out anything. At first this attorney was all "well, we'll fight it in a trial" he never even went after a plea, a freakin idiot really. I know the attorneys talk with the prosecutors and deal and I know that's exactly what happened.

I know the chances are a long shot for a sentence reduction...there is a minimum in our state of 10 yrs for one count of AR so he really got off light...BUT, compared to other cases it's just not right. Others that had been in and out of prison all there life, same charges, same amount of time...how does that work I ask?

Is there a web-site I don't know about that you can write about particular attorneys and there performance? This PD is also a private attorney and didn't have the time to deal with my sons case. I would like to put it on the web somewhere if I could :)

Well, any info is greatly appreciated, thanks!!

Gavin123
09-25-2010, 05:43 PM
JHOoperswife...the people you know, were they successfull in the reduction? Can you PM me with more information: What were the charges, how they got the reduction, things like that. Thanks so much

Colorado_Lawyer
09-25-2010, 05:50 PM
Ahhh, PCR means Post Conviction Relief. See? Now, I feel silly, and I am a specialist in post conviction matters. We just don't abbreviate that way in this state.

If he plead guilty and stipulated to the sentence, he has almost no chance of successfully withdrawing his plea.

I am still confused when you say that he pled to 15 years with no stipulations. Either he stipulated to a 15 year sentence, or he didn't. If he did, then he has little to no chance of a sentence reduction because he was sentenced to what he agreed to. if, however, what you meant was that he plead to a crime with a certain sentencing range, and then was sentenced to 15 years, then he has at least a shot at sentence reduction.

SalazarsQueen
09-26-2010, 12:25 AM
okay..this is along the lines of what I am dealing with. My fiancee had a private lawyer that almost never visited him to discuss his case. My fiancee plead guilty to intented homicide and weapon charges. His lawyer scared him telling him they should'nt go on trial any longer because the chances of him getting life were very high. He plead guilty and got 28 years. This was 2 years ago. How can I know or where...the exact terms of the plea bargain? Is there a number where I can request the paperwork? Because not even my fiancee knows the exact terms, for he does not speak english too well. Another question is: Can we have the sentence reduced? I dont mind to sound repetitive but I have seen and heard of many other cases very similar or even worse, involving murder , and the offenders getting much less time than what my fiancee got. It is very frustrating, I hope to get some guidance. This case is in California.
thanx..he has no other criminal record prior to this case

Colorado_Lawyer
09-26-2010, 08:23 AM
There should be a written plea agreement in the court file. You need to go to the courthouse where he was convicted and ask to see his file. (Have his name and case number handy). If there was no written plea agreement in the court file, then you are going to have to pay to have the hearing transcribed when he pled guilty. This will cost about $2.50 per page. The clerk will explain how to order this transcript, and she should be able to look on the computer and tell you when the take was.

A word of caution, do NOT try to compare your fiancee's sentence with other sentences. It is NOT grounds to withdraw a plea or make an argument for sentence reduction that the sentence isn't "fair" because other people get lower sentences. 28 years for murder is not objectively unreasonable or so disproportionate to the crime that it violates the eighth Amendment.