Criminal Law Questions? Ask a Criminal Lawyer.
Did your fiance have a trial or did he take a plea?
Did he have a sentencing hearing?
Was he represented by counsel?
The court normally waits to review the PSI, prior to sentencing a defendant. Any mitigating factors to reduce the sentence imposed by the Judge or court, should have been raised when he entered into his plea and was sentenced. If he is already serving a 10 year sentence, the attorney should file a motion for reconsideration of the sentence, imposed by the court. He needs to use the facts you stated above, as mitigating factors. If the 10 years sentence that was imposed was within the guidelines, his only other option is to file a motion to vacate the plea based upon circumstances at the time he entered the plea, which he did not know.
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