Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2006
    Location
    Pawtucket, RI
    Posts
    3

    Default Sentence Reduction or Unfair Sentence

    My boyfriend is currently serving a 2 year sentence, in Texas, for posession under a gram (he walked in on a raid, had a pipe that was put in a general evedence paper bag and tested positive for 0.00 grams of Meth) AND credit card abuse. There are so many things wrong with this sentence. When they initially sentenced him, the DA, and his attorney, didn't apprise him of all his options. They only told him he had to plead "nolo contendo" for a sentence of 15 months. This was for both charges, of which he was never "officially" charged with the credit card abuse. He ran. Which was stupid, but when the picked him up he was under the influence. He was picked up on Monday, July 25th, and re-sentenced on Tuesday, July 26th, for 2 years. My question is what can we do, either in the way of a sentence reduction or re-trial?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Sentencing Issues

    Are you complaining about his original sentence, or a resentencing resulting from a probation violation?

  3. #3
    Join Date
    Jan 2006
    Location
    Pawtucket, RI
    Posts
    3

    Default Sentence

    I am complaning about the time he is doing now, which is 2 years, that started on July 26th, 2005. He is still in TDC now. He is to serve the 24 months straight, no parole, no time off for good behavior, etc.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Doesn't like boyfriend's sentence.

    And that sentence results from what? A probation violation?

  5. #5
    Join Date
    Jan 2006
    Location
    Pawtucket, RI
    Posts
    3

    Default He is currently in jail...in Texas.

    No, if you read my first message you can see that it was from an arrest. He was then arraigned, given 15 months, let go to "get things in order" and he never reported back. 5 months later they picked him up and re-sentenced him for 24 months for both charges. Our points this: 1. He walked in on the raid that resulted in the original charge of possesion 10 months previous to being arrested. 2. His lawyer told him he would have to plead guilty.
    3. When he was picked up the SECOND time (of course the judge was upset because he never reported) they sentenced him for 24 months, an increase from the original 15 months; he was high at the time of incarceration and they sentenced him anyway; they rushed him through in TWO days on the second sentencing; and he is serving 2 concurrent sentences of 24 months, of which he was never officially CHARGED with the second one. (In other words he was never picked up or arraigned or allowed to plea on the Credit card abuse charge. There is a whole story behind that charge.) But the main thing I am asking ya'lls advise on is that he would like to appeal or file a writ or get a sentence reduction. Is there anything we can do for any of these? What are your suggestions?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    If I read your original post, I will find once again that you didn't explain yourself very well. If I read your answer to my prior question, I will find once again that you didn't answer my prior question.

    So your claim is that he absconded on his bond after an initial arrest, and the judge held that against him at sentencing? What did he expect?

    I don't think you have a complete understanding of what happened, which complicates things. He should discuss this matter with the lawyer who represented him at sentencing, to figure out exactly what happened.

    1. Sponsored Links
       

Similar Threads

  1. Sentencing: How to Get a Sentence Reduction
    By jlounge in forum Criminal Procedure
    Replies: 1
    Last Post: 05-27-2010, 07:08 AM
  2. Sentencing: Sentence Reduction
    By corysbaby in forum Criminal Procedure
    Replies: 1
    Last Post: 02-11-2008, 06:06 PM
  3. Sentencing: How To Get a Reduction Of Sentence
    By nora lopez in forum Criminal Procedure
    Replies: 2
    Last Post: 02-10-2008, 11:34 PM
  4. Post-Conviction Relief: Reduction of sentence
    By redbean1977 in forum Criminal Procedure
    Replies: 1
    Last Post: 08-30-2006, 09:29 AM
  5. Post-Conviction Relief: Getting a Sentence Reduction
    By Lilman in forum Criminal Procedure
    Replies: 1
    Last Post: 03-02-2006, 08:35 PM
 
 
Sponsored Links

Legal Help, Information and Resources