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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23978
Experience:  9+ years defending Misdemeanor and Felony cases.
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i would like a letter to a judge asking for shock probation.

Customer Question

i would like a letter to a judge asking for shock probation. My fiance and I are expecting a baby in March and they have sentenced him to 10 years in prison. He has a son which he pays child support and has a good relationship with and has had a very good job for 13 years which he lost. He was charged with aa/dw and since he had prior dwi's he was given jail because he was drunk the day the aa/dw happend. a beer bottle was the deadly weapon. prior to me he had no purpose but to party since meeting me he has joined anger management and given his life to christ. Please help I need him home with me and my new baby soon to be!
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.

Did your fiance have a trial or did he take a plea?

 

Did he have a sentencing hearing?

 

Was he represented by counsel?

Customer: replied 7 years ago.
He pleaded guilty. He waived trial by jury. He didn't have a sentencing hearing I don't know what that is. But he did get a psi. And he did have an atttorney
Expert:  CrimDefense replied 7 years ago.

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.

Customer: replied 7 years ago.
They reviewed the psi the day he was sentenced. Can I get a letter to write the judge to have them condiser shock probation?
Expert:  CrimDefense replied 7 years ago.
You can write any letter you want to the Judge. Simply state your fiances' name, case number XXXXX charge. Inform the Judge of the sentence imposed and ask for an alternative sentence. There is no form to a general letter. Shock probation may not even be possible in this situation but house arrest may be a more appropriate arrest.
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Customer: replied 7 years ago.
This was no help. I already new all this information. i read a letter on hear and wanted the circumstances changed to surround his case. I have no way with letters. I just wanted a letter requesting shock probation cause i think the sentence was too harsh.
Expert:  CrimDefense replied 7 years ago.
The sentence may have been harsh but if it within the guidelines, it was not illegal. I am unable to write a letter for you to the Judge because I am not familiar with the facts of the case nor the transcript from the sentencing hearing, to base the motion on. The best person to contact about this is the attorney who represented him at trial.

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