Sentence Reduction?

danielle · #1 07-12-2002, 07:25 PM

Have any of you had any experience with sentence reductions?

Here's the scoop - The state is broke and the prisons are overcrowded and the parole board isn't letting anyone go. In order to get around the parole board the DOC is ENCOURAGING people with long sentences for non-violent crimes to go back to the original sentencing judge for a sentence reduction or to be resentenced.

My husband pled guilty and got 20 years for attempted auto theft and 20 years for fraudulant use of a credit card in 1990. The credit card was in his possession, but he had never actually tried to use it. It was a gas credit card at that. The sentences were to run concurrent. He had a deal with the DA and his defense lawyer, but the judge went against the deal and sentenced him to the maximum in each case. He was NOT sentenced as a habitual offender. Nobody sentenced to anything over 15 years gets good time credits or anything like that, so the only hope for being released is parole - and that has been revoked with a 3 year set-off.

The judge who sentenced him has since died and now another judge has taken his place. The new judge is supposed to be a fairly liberal woman.

Have any of you ever even attempted anything like this? Does one need a lawyer or is purely a political thing? He said that there are forms available, but I haven't heard of or found anything like this. Please let me know if you've heard anything at all about this!
Thanks!

vnvdvc · #2 07-12-2002, 11:02 PM

I don't know about Mississippi, but my friend sent a simple hand-written note to the county courthouse asking for his transcripts and suddenly he had a pro se motion in the court for a reconsideration of sentence. They never told him about it and nothing has happened with it. I am the one who found out about it and asked him what was with that! He also said that those forms are available in the prison law library and that it is no big deal to fill them out and send them off! It sounds to me like you can get a motion filed w/ no problem and it is (of course) up to the judge from there. Unless the state's attorney steps in and hassles you. Right? What did his pre-sentence report look like? Do they have those in MI?
Id like to hear more about this in general from anyone who has some info to share.

bella · #3 07-13-2002, 02:43 PM

You want to motion the court for a downward departure, I suggest getting an attorney who specializes in that. Have him file a pro se motion first and if the motion is denied then hire an attorney. The only reason I say get an attorney is cause a lot of times they know the judges and can make deals. Just my thoughts.

tek4real · #4 07-13-2002, 09:06 PM

Danielle...
Sounds as though you have a good chance, with the sentencing judge dead and all
My advice would be to file pro se.
With that amount of time for those crimes surely they should at least half it
Good Luck...
Jerry

danielle · #5 07-13-2002, 09:42 PM

Thanks! It's off to more research! I'd never even heard of a pro se motion until now! Also on the prowel for yet another attorney.

danielle · #6 07-15-2002, 10:56 PM

Here's the sentence reduction information I have found...sounds promising.

A state official says the definition of a ``violent'' criminal needs to be established before plans to ease crowding in Alabama prisons can go forward. A plan by State Prison Commissioner Mike Haley to identify non-violent habitual offenders for early release does not define which crimes are considered violent. This is according to a letter written to Haley by Joseph H. Colquitt, chairman of the Alabama Sentencing Commission. The commission needs more facts before it can evaluate Haley's proposal, according to the letter written July 1st. Governor Siegelman's legal advisor Ted Hosp says there is no definition of which crimes are violent in state law or court cases. Haley's plan calls for the convicted offender to file a request with the court, which would ask prison officials to say whether the offender was violent or eligible for review.

bella · #7 07-16-2002, 08:53 PM

Go for it! Have him file that request ASAP!

AcesBabygirl · #8 01-27-2007, 09:36 PM

Here in NC we have Lawyers that can get a retuction for you. Costs 2500- 20000 dollars though good luck.

Kalypso · #9 01-27-2007, 10:05 PM

I didn't think you could go for a sentence reduction when it was a plea and not a jury trial. (??)

sister2006 · #10 02-05-2007, 05:38 PM

In regard to a California suit, the Supreme Court decided that sentences cannot be enhanced without a jury trial. In other words, when you plea, the judge has to sentence you within the boundaries of what you pled to.

Any enhancements have to be proven.

Hey, that means the judges and the U.S. attorneys have to PROVE it up. What a novel concept.

But that's only for California. Everyone else gets to languish in jail on their enhancements.