View Full Version : Letters to reduce sentence time or change of custody


stylesbycrystal
05-12-2011, 06:14 AM
My bf was sent in on May 9th. Before his sentence date his sisters Lupus got worse, and now requires someone home with her which was him. They have no next of kin. I researches FL 3.800 which does not apply to him so I'm writing letters, as well as his sister, & some character ref letters to go to the judge. He has an attorney but I feel at this point he doesn't care & from the looks of it has no sense. Why wouldn't he know of this type of stuff without me researching and finding out????? PTO do you have any suggestions in this matter????

NAN425
05-12-2011, 06:39 AM
If he's already been sentenced there is very little that you can do about the length of sentence, unfortunately. I'm sorry to say.

DOC doesn't care about family situations at home when they are assigning custody or locations of inmates. It isn't even a factor in their decisions, so writing letters is pointless. In fact, it could backfire.

The hardest thing to get used to in a situation like this is that sometimes there are no answers, no solutions...and that other people hold all the power. :(

stylesbycrystal
05-12-2011, 07:07 AM
When you say back fire what does that mean?

Paralegal USA
05-12-2011, 07:34 AM
If he's already been sentenced there is very little that you can do about the length of sentence, unfortunately. I'm sorry to say.

Incorrect. Pursuant to Florida Rul of Criminal Procedure 3.800(c), a judge can reduce or otherwise modify a legal sentence upon formal motion filed within 60 days of sentence imposition.

jutemoran2
05-12-2011, 08:31 AM
If he's already been sentenced there is very little that you can do about the length of sentence, unfortunately. I'm sorry to say.

DOC doesn't care about family situations at home when they are assigning custody or locations of inmates. It isn't even a factor in their decisions, so writing letters is pointless. In fact, it could backfire.

The hardest thing to get used to in a situation like this is that sometimes there are no answers, no solutions...and that other people hold all the power. :(

:D I know for a fact that some will listen, if you make a fuss nicely! Do not be discouraged & never give up. We can make changes for our loved ones.
As I've posted before, I got in touch with everyone who would listen, and I started at the top with Gov. S & Mr. Buss. I was finally able to have a conversation with the asst. warden. Four days after the conversation, my son was headed toward home. He's now just 12 miles from my back yard.
I used every bit of information that I could think of to impress those who could make changes. I had no pride in this fight.
Don't ever give up. To give up is to die.

amickeyfan
05-12-2011, 04:05 PM
Incorrect. Pursuant to Florida Rul of Criminal Procedure 3.800(c), a judge can reduce or otherwise modify a legal sentence upon formal motion filed within 60 days of sentence imposition.

but poster stated that 3.8 did not apply to him, so how can a Judge modify it.. Nan would stand correct in her response.. in this case, there would be nothing that can be done.. When I read 3.8, it stated "trial judge".. if he took a plea instead of going to trial, then I would think it cannot be modified. I am not sure if that was his case, I am just going by posters wording of that criminal procedure code 3.8 didn't apply to him...

amickeyfan
05-12-2011, 04:09 PM
:D I know for a fact that some will listen, if you make a fuss nicely! Do not be discouraged & never give up. We can make changes for our loved ones.
As I've posted before, I got in touch with everyone who would listen, and I started at the top with Gov. S & Mr. Buss. I was finally able to have a conversation with the asst. warden. Four days after the conversation, my son was headed toward home. He's now just 12 miles from my back yard.
I used every bit of information that I could think of to impress those who could make changes. I had no pride in this fight.
Don't ever give up. To give up is to die.
but your son is still in DOC custody, his sentence is not shorter.. and that is what this discussion is about.. not just being transfered..:)

stylesbycrystal
05-12-2011, 07:40 PM
At this point nothing can back fire. I prefer to try than be a coward & don't. I spoke to my bf & he said the same. Hey who knows I may have a break through.

But in the other hand I appreciate all the feedbCk PTO fam you all really keep me going.

amickeyfan
05-12-2011, 07:50 PM
You have nothing to lose in trying.. just don't get any hopes up.. that is about the only reasonable way to look at it. If anything comes of it, fantastic.. if not.. and you didn't really expect it, then you aren't let down that much. In the letter, be short, sweet & to the point.. a long letter will drop their interest fast:thumbsup:

stylesbycrystal
05-12-2011, 07:58 PM
You have nothing to lose in trying.. just don't get any hopes up.. that is about the only reasonable way to look at it. If anything comes of it, fantastic.. if not.. and you didn't really expect it, then you aren't let down that much. In the letter, be short, sweet & to the point.. a long letter will drop their interest fast:thumbsup:

Thanks for the best wishes:)

amickeyfan
05-13-2011, 04:22 PM
Good Luck and let us know how everything works out... :)

NAN425
05-13-2011, 06:41 PM
I said it could backfire because I know I've seen people here say that they thought their loved one was sent further away from home because they requested a location close to home, just to show the family and inmate who was in charge.

Paralegal USA
05-13-2011, 06:50 PM
Outside of a motion for modification of a sentence filed pursuant to F.R.Crim.P. 3.800(c), there is no provisdion under Florida law for a court to reduce, amend or otherwise modify a legal sentence.

Fencie
05-14-2011, 07:15 AM
This is off topic, but last year when I complained about the way officers were treating an inmate, he was locked up and gassed the next day. It was a message to both of us.

jutemoran2
05-17-2011, 10:31 AM
but your son is still in DOC custody, his sentence is not shorter.. and that is what this discussion is about.. not just being transfered..:)

:caffeine:
Ah, but I refused to be negative, or give up on changing the conditions under which he was serving. He's no longer at Taylor! He's now, not only near home, but it's a much nicer, more respectful, safer place. And, they have A/C!
Why always look at things as if there were nothing we can do or change? Why encourage others to feel worse, when we can feel better? There is no such thing as hopeless.
Do what you can to change the things you can, AND, search for ways to make the things you may not be able to change more tolerable. I may have worked toward a better situation for my own family member, (and found a happier outcome,) but there is much in the DOC that needs change for others. There is something that every one of us can do.
Perhaps, with serious help & information from others, there is a solution for this family issue. Maybe, it won't be the outcome that they wish, but surely there is a way to make the problem easier.
Prayer and faith help more than you can ever realize.

amickeyfan
05-18-2011, 05:57 PM
:caffeine:
Ah, but I refused to be negative, or give up on changing the conditions under which he was serving. He's no longer at Taylor! He's now, not only near home, but it's a much nicer, more respectful, safer place. And, they have A/C!
Why always look at things as if there were nothing we can do or change? Why encourage others to feel worse, when we can feel better? There is no such thing as hopeless.
Do what you can to change the things you can, AND, search for ways to make the things you may not be able to change more tolerable. I may have worked toward a better situation for my own family member, (and found a happier outcome,) but there is much in the DOC that needs change for others. There is something that every one of us can do.
Perhaps, with serious help & information from others, there is a solution for this family issue. Maybe, it won't be the outcome that they wish, but surely there is a way to make the problem easier.
Prayer and faith help more than you can ever realize.

No one is encouraging anyone to feel worse. When someone asks about apples, they don't want to hear about oranges. Poster was talking about having a sentence reduced, not having her loved one moved closer, they are two totally different things. There is nothing worse than getting ones hopes up to only have them fall out from the bottom on them. Changing a sentence is not as easy as a transfer, in fact, it is "nearly" impossible. Prayer & faith do help more than some realize, but there is also a point of being rational too.. ;)

ScottynJenny09
06-05-2011, 09:49 PM
All things are possible through Christ who Strengthens Us...I agree with those who say that trying is better than not. I also agree with being as nice as possible in your requests. It never helps to be abrasive especially with the prison system I assume. I'm still new to all of this but I also was looking for a solution on how to try and get my husband home sooner. The only thing I could find was on Clemency and filing for a Commutation of Sentence. That may be a possible avenue for you but from what I've read you have to serve at least 1/3 or 1/2 of your sentence. I don't know much more about it just from what I've read on the governor website but I'm going to look further in to this and search on the forums here for any advice or info on this. If anyone can direct me, I'd appreciate your help. My husband is serving 24 months and has about 3 months in from jail time and a couple of weeks DOC time so I'm just seeing what I can do. He has a 3rd DUI felony and FTA charge. Long story...any help would be appreciated.