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Georgia Parole, Probation & Release All information & questions relating to parole, probation or release in Georgia should be posted here.

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  #1  
Old 08-18-2009, 09:53 AM
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Default Sentence reduction

My Hubby and I are wondering how can you become qualified for a sentence reduction. He's been in three years with fair conduct. He was sentenced to 10 years with his most violent crime being aggravated battery. He hasn't been in trouble with the law with anything serious since 1998. Will any of this help him if not with a SR then with the parole board.
Also should I start calling the board to see what's going on with his case? I really don't know what to do I just want him home
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  #2  
Old 08-18-2009, 10:07 AM
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Georgia Code
http://www.loislaw.com/css/images/icons/printer-12.gif http://www.loislaw.com/css/images/icons/email.gif http://www.loislaw.com/css/images/icons/filesave-12.png http://www.loislaw.com/css/images/ic...t-lines-12.gif
http://image.loislaw.com/prosite/misc/cfolder.gif Georgia Code
http://image.loislaw.com/prosite/misc/cfolder.gif TITLE 17 CRIMINAL PROCEDURE
http://image.loislaw.com/prosite/misc/cfolder.gif CHAPTER 10 SENTENCE AND PUNISHMENT
http://image.loislaw.com/prosite/misc/cfolder.gif ARTICLE 1 PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT
17-10-6.3. (a) As used in this Code section, the term `three-judgepanel'.... (a) As used in this Code section, the term `three-judge panel' meansthe three judge panel that was created and existed pursuant to the formerprovisions of Code Section 17-10-6 as it existed on June 30, 2007, whichreviewed certain sentences to determine if a sentence was excessivelyharsh and what relief, if any, should be given. (b) The right of a defendant to have a sentence reviewed by a threejudge panel shall be terminated for sentences imposed by a trial orappellate court on or after July 1, 2007. No new application for review ofa sentence shall be transmitted to the three-judge panel on or after July1, 2007, except for cases in which a sentence was imposed prior to July1, 2007. (c) No new application for review of a sentence shall be accepted bythe three-judge panel unless such application has been received by thethree-judge panel on or before September 1, 2007. Any sentence that hasan application for review with the three judge panel pending on September1, 2007, shall have such review completed by the three-judge panel byNovember 1, 2008. (d) It shall be the duty of the president of The Council of SuperiorCourt Judges of Georgia to cause all administrative measures which may benecessary to conclude the business of the three-judge panel to becompleted no later than January 1, 2009. Such administrative, clerical,or secretarial personnel as may be assigned to provide support for thethree judge panel may continue to be employed for the purpose ofproviding support to the president of The Council of Superior Court Judgesof Georgia until January 1, 2009. (e) No later than January 1, 2009, all records and documents relatingto the activities of the three-judge panels during the period July 1,1974, through November 1, 2008, shall be transmitted to the Department ofArchives and History for retention in accordance with Article 5 ofChapter 18 of Title 50, the `Georgia Records Act.' All equipment,supplies, and materials which the president of The Council of SuperiorCourt Judges of Georgia determines are excess or surplus shall bedistributed by the president to the judges of the superior courts for usein the performance of their official duties. Any fees or expenses due toany clerk, superior court judge, or other person as a result of the threejudge panel shall be paid out of such funds as are appropriated for theoperation of the superior courts during fiscal year 2009. (Code 1981, sec. 17-10-6.3, enact. by Ga. L. 2007, pg. 595, sec.3/House Bill 197.)
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  #3  
Old 08-18-2009, 06:54 PM
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17-10-6.3. (a) As used in this Code section, the term `three-judgepanel'....

Does this apply to anyof the 7 deadly sin crimes? How do get a review with this panel?
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Old 08-21-2009, 10:11 PM
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Quote:
Originally Posted by splendor View Post
17-10-6.3. (a) As used in this Code section, the term `three-judgepanel'....

Does this apply to anyof the 7 deadly sin crimes? How do get a review with this panel?

When I saw your OP, I was going to ask if you were referring to the non-parole eligible crimes, but didn't want to offend...

I don't think any of these rules are gonna apply for those crimes... Unfortunately the public really likes the "3 strikes laws" and this is just GA's version of that... I can tell you that my hubby's attorney convinced him to take a plea because of this... He told my hubby that he would not have any chance of being released on parole, regardless... The fact that he got 10 years is a God send from my understanding... The way these laws are structured are very unfortunate for those that plead guilty or are found guilty of these crimes... The judge could've sentenced him to 15 or 25 years and he still would not have been parole eligible...

This is one of the reasons you'll hear people saying you can get out sooner by committing murder... If you're convicted of armed robbery and agg. assault and are sentenced to 35 years, you will never be eligible for parole. Yet you could commit murder and be given 35 years and be released on parole after 30... Although it used to be more common to hear this because you could get 20 years for armed robbery and never get out, but 20 years for murder and get out in 14... Quite a large difference in years!!
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Old 08-23-2009, 10:25 PM
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crowned,the sentance reveiw panel has been disbanned,,they nolonger hear cases,,
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  #6  
Old 08-24-2009, 09:27 AM
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Does Ohio have a review panel like this? I need some serious help.
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Old 05-12-2011, 09:23 AM
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Default sentence modification/reduction

Would like to know if anyone else has had any experience with or know anything about sentence modifications/reductions? I hired a lawyer out of Atlanta just to do a parole packet for me...since he wasn't one of the lawyers that charged outrageous prices of like $10,000.00. This guy was A LOT cheaper and very nice and very straight forward with you. He had been in business for a long time and actually had retired and still got so many calls, he had to open his office back up. After discussing my husbands case with him, he said that he could do a parole packet for me still...which sometimes can help and sometimes doesn't (you never know about the parole board, they can just do whatever they want to do no matter what), but he feels like my best route would be to try for a sentence reduction and try to eliminate dealing with the parole board all together. He felt confident after listening to me to discuss his case, reading over all my husbands court documents, and doing a little research that we could possibly be successful in filing a motion for a reduction. He refered me to a local attorney in our hometown whom is a good friend/and former co-worker on some dif things of his that he felt like would be the best person in getting this done. Once I hired the new lawyer, he investigated it and got good supporting evidence that proves my husband was over charged according our physical evidence that was never previously requested by the police, d.a., or my husbands 1st attorney. He filed a motion for a sentence reduction and we went to court 5 weeks ago and the Judge said he would like to look at the d.a.'s and our lawyers file before giving his answer. I thought initially we would have heard something by now, but the Judge has had court for 2 full wks, and was out of the office for 1 wk....so I guess he's been too busy to review everything yet, idk. I keep hoping we will hear something any day now, the waiting part is the WORST!! I've been praying A LOT about it everyday and am just leaving it in God's hands! Our lawyer said in court that if my husband should have been charged, it should have been a misdemeanor..which would have been 12 mths probation or something, not a felony. He suggested that given the evidence which proves he was over charged, that the Judge reduce him time served or maximum 12 mths served. June 22, 2011 will make 1 yr served. I dnt know if that means the Judge will give a yes or no answer to time served/12 mths or will he give not time served but less than his original 5 yr sentence...like maybe reduce it to 2 or 3 yrs or something? Also, I dont know if he approves time served, will he leave the charge as the felony or reduce it down to a misdemeanor? I really don't know a lot about this whole process...I've tried to do some research and can't find too much about it that answer my questions. I have already called my lawyer some since court asking when does he think we will hear something...so I just dnt want to bother him again with my questions right now. Didn't know if anyone might would have a lil more knowledge on the dif possible outcomes we might could get or if they have ever experienced anything similar?? Thanks!
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Old 05-12-2011, 12:27 PM
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Hey there JMakridge,

Georgia Parole & Pardons no longer offer sentence reductions. The state disbanded the committee that handles this years ago. I think five or six but I can't recall the exact date. If your lawyer does not know this, FIRE him. As you said a parole packet may or may not help but you can do it yourself.


Quote:
Originally Posted by jmakridge View Post
Would like to know if anyone else has had any experience with or know anything about sentence modifications/reductions? I hired a lawyer out of Atlanta just to do a parole packet for me...since he wasn't one of the lawyers that charged outrageous prices of like $10,000.00. This guy was A LOT cheaper and very nice and very straight forward with you. He had been in business for a long time and actually had retired and still got so many calls, he had to open his office back up. After discussing my husbands case with him, he said that he could do a parole packet for me still...which sometimes can help and sometimes doesn't (you never know about the parole board, they can just do whatever they want to do no matter what), but he feels like my best route would be to try for a sentence reduction and try to eliminate dealing with the parole board all together. He felt confident after listening to me to discuss his case, reading over all my husbands court documents, and doing a little research that we could possibly be successful in filing a motion for a reduction. He refered me to a local attorney in our hometown whom is a good friend/and former co-worker on some dif things of his that he felt like would be the best person in getting this done. Once I hired the new lawyer, he investigated it and got good supporting evidence that proves my husband was over charged according our physical evidence that was never previously requested by the police, d.a., or my husbands 1st attorney. He filed a motion for a sentence reduction and we went to court 5 weeks ago and the Judge said he would like to look at the d.a.'s and our lawyers file before giving his answer. I thought initially we would have heard something by now, but the Judge has had court for 2 full wks, and was out of the office for 1 wk....so I guess he's been too busy to review everything yet, idk. I keep hoping we will hear something any day now, the waiting part is the WORST!! I've been praying A LOT about it everyday and am just leaving it in God's hands! Our lawyer said in court that if my husband should have been charged, it should have been a misdemeanor..which would have been 12 mths probation or something, not a felony. He suggested that given the evidence which proves he was over charged, that the Judge reduce him time served or maximum 12 mths served. June 22, 2011 will make 1 yr served. I dnt know if that means the Judge will give a yes or no answer to time served/12 mths or will he give not time served but less than his original 5 yr sentence...like maybe reduce it to 2 or 3 yrs or something? Also, I dont know if he approves time served, will he leave the charge as the felony or reduce it down to a misdemeanor? I really don't know a lot about this whole process...I've tried to do some research and can't find too much about it that answer my questions. I have already called my lawyer some since court asking when does he think we will hear something...so I just dnt want to bother him again with my questions right now. Didn't know if anyone might would have a lil more knowledge on the dif possible outcomes we might could get or if they have ever experienced anything similar?? Thanks!
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Old 05-13-2011, 06:14 AM
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Quote:
Originally Posted by kae View Post
Hey there JMakridge,

Georgia Parole & Pardons no longer offer sentence reductions. The state disbanded the committee that handles this years ago. I think five or six but I can't recall the exact date. If your lawyer does not know this, FIRE him. As you said a parole packet may or may not help but you can do it yourself.

Kae, I think you might be misunderstanding me. We didn't apply for a sentence reduction through the 3 judge panel or anything involving the parole board. We submitted a motion for a sentence reduction to the sentencing Judge in his case, which GA law says someone can apply for a sentence modification/reduction as long as it no longer than 1 yr after they been sentenced. We have already been to court where the DA was there as well. The Judge is reviewing the files and is suppose to let us know his answer.
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Old 05-13-2011, 06:27 AM
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Oh ok. Best wishes for a positive outcome.

Quote:
Originally Posted by jmakridge View Post
Kae, I think you might be misunderstanding me. We didn't apply for a sentence reduction through the 3 judge panel or anything involving the parole board. We submitted a motion for a sentence reduction to the sentencing Judge in his case, which GA law says someone can apply for a sentence modification/reduction as long as it no longer than 1 yr after they been sentenced. We have already been to court where the DA was there as well. The Judge is reviewing the files and is suppose to let us know his answer.
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  #11  
Old 07-01-2012, 01:23 PM
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so i have heard that inmates dont have the oppurtunity to go before the parole board and actualy talk about the case.They just look over the inmates file and make a decision...so is this what the parole packets are for?
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Old 07-02-2012, 10:48 AM
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so i have heard that inmates dont have the oppurtunity to go before the parole board and actualy talk about the case.They just look over the inmates file and make a decision...so is this what the parole packets are for?

In a word - yes
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