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Virginia General Prison Talk, News, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Virginia that do not fit into any other Virginia sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 09-09-2009, 02:28 PM
rarachelp rarachelp is offline
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Question How do we have sentence revisited and revised to add halfway house?

Does anyone know how hard it would be to petition for a commutation or just get a REVISION of sentence? My fiance plead not-guilty to a poss with the intent charge. He took a grand jury trial where they instead found him guilty of "constructive possession" . His pre-sentencing report for the original charge of Poss WID stated he'd only get 3-6 months however, after the jury trial, the judge couldnt go by pre-sentencing reccomendations but with the jury. He ended up getting 4 yrs 1 suspended! My fiance was told by his counselors he could go to a halfway house to serve out his last 18 months, but then was recently informed by his 3rd counselor that he couldn't do a halfway house unless he was court ordered during his sentencing. What would the steps be to get his sentence revisited to add a halfway house to it??? Its crazy for the DOC to keep him in the system if he's eligible to do a halfway house - ESPECIALLY with the state shutting down facilities left and right! With my fiance's brains and education its a TRAVESTY to keep him in custody when he could be helping our country get out of debt!!!!!!! HELP! Is it a commutation or clemency or an appeal that I need to research!??!
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Old 09-09-2009, 05:55 PM
harasubam harasubam is offline
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if he is already in doc, there is not much chance to change anything. a pre sentance report is a guide full of past behavior and charges from the past, this report helps a judge see what kind of person he has been, if old charges did he learn from the first incarseration and things like that. the guide lines from probation would have how long a sentance for a crime would be and its usually 1 to 5 years for a drug charge in va. sounds like he pushed his luck and lost
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Old 09-09-2009, 09:22 PM
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dwfighterva dwfighterva is offline
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She is right, if he is still in his sentencing jurisdiction then motions can be filed for modifications (no guarantee since they hardly ever do this without good reason), but once he goes into DOC there is nothing that can be done short of new DNA evidence proving his innocence.
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Old 09-10-2009, 06:49 AM
harasubam harasubam is offline
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sorry if i seemed so harsh with my responce ,i guesse im having a bad week,
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Old 09-10-2009, 08:51 AM
rarachelp rarachelp is offline
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Awww, no no. Its okay, really. Thank you for replying. I understand how far fetched it is to try to do anything now. If only we had just known to ASK his good for nothing lawyer to request a halfway house - and if his counselors had told him the correct information from the begining we might have had a chance to appeal w/ in the 90 days - but we just didnt KNOW. Thats the craziest thing about the penile system.....you can be blissfully ignorant (which is how they like you to stay) and take things lying on your back - but if youre smart (like my baby), its like eating from the fruit of knowledge and from there on out youre never fully happy or satisfied with the answers you get or the way things are........
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