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  #1  
Old 01-04-2011, 11:28 PM
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Default What to expect at a reconsideration hearing?

I have a quick question for anyone who knows anything about or has been through a reconsideration hearing. what should i expect? my love was sentenced oct 27th for a weed delivery charge, petit larceny, and 2 conspiracy charges to run concurrently so basically he got a 1-5. well he has 8 months in and we go to court this friday the 7th at 2:30pm.

the judge approved the hearing but the state filed a motion to keep in him there because they claim he never tried to get help for his drug addiction but we have papers that prove other wise. so my question is what should i expect to happen?
we are in West Virginia.
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  #2  
Old 01-05-2011, 04:30 AM
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Moving party (Defendant) will present the issue. Responding party (State) will argue their side. If relevant, documents will be entered and maybe a witness called (this usually doesn't happen). Judge reconsiders the issue of sentence in view of the arguments and modifies the sentence if he feels like it.
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Old 01-05-2011, 05:28 PM
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But don't get your hopes up. Sentence reconsideration is rare, although it does happen. Depends a lot of the Judge and his mood.
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Old 01-05-2011, 08:12 PM
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thanks i'm worried about whats going to happen. the judge asked us to file one 30 days from the his sentencing date and now we'll find out what happens on friday.
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Old 01-10-2011, 02:01 PM
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Usually reconsiderations go right back before the same Judge so I wouldn't get your hopes up on this - most of the woman I knew who filed a reconsideration had them denied
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Old 01-13-2011, 01:33 AM
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ours got approved. they gave him 28 days in rehab and then hes home!!! after almost 9 months i'm ready for him to come home . now if bed space would hurry up and open i would be happy!!
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  #7  
Old 01-13-2011, 06:10 AM
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Quote:
Originally Posted by Jamies_Angel View Post
ours got approved. they gave him 28 days in rehab and then hes home!!! after almost 9 months i'm ready for him to come home . now if bed space would hurry up and open i would be happy!!
That is great news Most that go before the judge for a "reconsideration" don't get it - seen it too many times while I was in jail waiting to go to prison - I hope he takes advantage of it and gets his act together! You deserve to have him home and he needs to get better and kick his addiction Keep PTO updated!
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Old 01-17-2011, 06:40 PM
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Thank you!!! they werent going to give it to him but we had probation and his case workers pulling with him. the state and his PO were screaming at each other lol. needless to say this is his last chance and he needs to grow up. i cant wait to see him stay clean and live better so we can finally have our family!
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Old 03-06-2011, 01:58 PM
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I'm curious what were his original charges and what type of substance abuse issue. I'm considering this as an option for my significant and want to know how to go about it. Also was this his first offense/incarceration?
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Old 03-08-2011, 05:23 PM
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Quote:
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I'm curious what were his original charges and what type of substance abuse issue. I'm considering this as an option for my significant and want to know how to go about it. Also was this his first offense/incarceration?
his original charges were delivery of a controlled substance, marijuana and petit larceny, then he caught a daytime burglary, conspiracy, and grand larceny, and then got hit with 2 more conspiracys. all together he was charged with the delivery, petit larceny, and conspiracy. they dropped the rest and sentenced him to 1-5 years in prison and gave him his reconsideration for rehab and then home confinement.

we got his sentencing order today and a call from rehab he gets out of jail tuesday march 15th to go to rehab for 30 days and then he has 6 months on home confinement and then 5 years supervised probation.

hes a heroin addict and his drug use was the cause of these charges and the judge knew that. no this was not his first offense hes been in trouble before. your man has to be sentenced before you can file a motion for reduction of sentence. talk to his lawyer thats how we got it.
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Old 03-08-2011, 06:03 PM
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Congratulations on your court victory. I know you still have a long road ahead of you but it can be done if he really wants to be drug free. Keep us posted.
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  #12  
Old 03-08-2011, 10:09 PM
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thank you hun! we may have our issues and fights but i have been in for the long run! i will help him kick this shit. i love him and want to see him better himself. hes been clean for 10 months
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  #13  
Old 03-09-2011, 10:00 AM
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Quote:
Originally Posted by Jamies_Angel View Post
his original charges were delivery of a controlled substance, marijuana and petit larceny, then he caught a daytime burglary, conspiracy, and grand larceny, and then got hit with 2 more conspiracys. all together he was charged with the delivery, petit larceny, and conspiracy. they dropped the rest and sentenced him to 1-5 years in prison and gave him his reconsideration for rehab and then home confinement.

we got his sentencing order today and a call from rehab he gets out of jail tuesday march 15th to go to rehab for 30 days and then he has 6 months on home confinement and then 5 years supervised probation.

hes a heroin addict and his drug use was the cause of these charges and the judge knew that. no this was not his first offense hes been in trouble before. your man has to be sentenced before you can file a motion for reduction of sentence. talk to his lawyer thats how we got it.
Wow. I'm glad everything worked out for the both of you. Thanks for the info.
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  #14  
Old 03-09-2011, 06:40 PM
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Quote:
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Wow. I'm glad everything worked out for the both of you. Thanks for the info.
thank you. no problem hun if you need anything just pm me
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