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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110505
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Does my son send the letter to the judge requesting the suspended

Customer Question

Does my son send the letter to the judge requesting the suspended sentence? Is there a statue of limitations on this request? Currently he is still in county waiting to be shipped to some type of county camp. Can i send a letter to the judge for this request, or does this have to be done by a legal motion that has to be filed?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
It would have to be in the form of a motion to the court, not a letter to the judge. Judges do not really consider letters and they are considered prohibited ex parte communications.

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Customer: replied 6 years ago.

Is there a form to follow that i could possibly find on-line or is this something i could hire an attorney to just do without paying a retainer.

Expert:  Law Educator, Esq. replied 6 years ago.
They do not have forms for this online, they are drafted from scratch for each individual case. You may be able to hire an attorney just to prepare the motion for you, it depends on the individual attorney and I cannot speak to that. You could also contact the attorney that represented him (as useless as you may feel he was) and as him to file the motion as he is obligated to complete the case.
Customer: replied 6 years ago.
i just read online, in order to file this type of petition, it must fall in line with certain criteria... and it doesnt look like my son falls within any of them...he was sentenced to 5 serve 2 years... and it says if petitioning for a suspended or modified sentence after recieving a sentence, u must have served 2 years before petitioning... is this correct?
Expert:  Law Educator, Esq. replied 6 years ago.
I was under the impression the way you wrote this that he has not yet been formally sentenced. If he has been formally sentenced, then he would not qualify for a reduction of the sentence, the suspended sentence should have been requested at the time of sentencing. If his attorney did not seek that, you could try a motion for post conviction relief based on ineffective assistance of counsel, but you will need to hire a private attorney to do this.
Customer: replied 6 years ago.
Thank you. He took a plea on the 20th of July... it was plea or trial and he was scared and didnt want to risk going to trial, we had a bad experience with that over 18yrs ago with my brother basically for the same acquisation and because he was innocent he opt to go to trial and lost, spent 7 out of a 10-15 yrs sentence... didnt want to risk our family going through that again, but cant seem to live with our choice either way.... thanks
Expert:  Law Educator, Esq. replied 6 years ago.
if he took the plea and waived the pre sentence investigation which is during the time the attorney would have moved for the suspended sentence, then you will have some problems and the court would not entertain a motion now for the suspended sentence. A post conviction relief motion could argue the ineffective assistance of counsel to seek to rework the plea, but honestly these are very rarely granted.
Customer: replied 6 years ago.
i wonder is it worth the time spent to do the post conviction since he was told that he was going to be shipped to a county camp and parole out in 9 mts, but he will be on 1st offender probation for 8 yrs. That seems like a bigger problem... too much room for error... his trouble now came from association... wrong place at wrong time... who can predict that from happening again... people just dont tend to ask people do they plan on committing a crime after they drop them off or pick them up.
Expert:  Law Educator, Esq. replied 6 years ago.
Chances are he will be out by the time the post conviction relief motion will be heard if he receives all of his good time credits, but that choice is one for you to make. People go to jail for associations all the time, they need to learn to choose their friends better because the botXXXXX XXXXXne is we all know what type of people our friends are and we choose whether or not to accept that and hang around them.
Customer: replied 6 years ago.
that is very true... and yes my son was aware of their stupid behavior... that is why he is kicking himself now.... he tends to try to be his "brothers keeper" . I worried about his care for others that were not on the same path he was (collegebound), but he was naive to the "guilt by association" thing... this case really taught us all a lot about the law.... wish they had a mandatory class in school that would teach these kids how quick it is to loose your freedom, even if you didnt commit the crime... just mere presence can cost you everything.
Expert:  Law Educator, Esq. replied 6 years ago.
It is a real shame that some children have to learn this the hard way. But you also know that sometimes no matter how much you tell them, even in a class, they don't learn it until they experience it for themselves.