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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4093
Experience:  9 years legal experience, primarily in criminal justice
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THE DEFENDENT WAS FORECED INTO PLEA BY DURESS AND PLEA WAS

Customer Question

THE DEFENDENT WAS FORECED INTO PLEA BY DURESS AND PLEA WAS DEFFERED BY THE COURTS FOR VICTIM NOTIFICATION (30 DAYS) AT SENTENCING DEFENDENT MADE AMOTION FOR NEW COUNCAL AND NEW JUDGE) MOTIONED WAS DENIED BY JUDGE THAT OFFERED PLEA AND CONTINUED WITH SENTENCING EVEN WHEN DEFENDENT MAKE THE STATMENT OF NOT BEING ABLE TO CONTACT ATTORNEY FOR THE 30 DAYS AFTER THE PLEA SIGNING AND DID NOT HAVE ATTORNEY PRESENT FOR PRESENTENCE REPORT MADE BY PHONE AND NEVER RECEIVED A COPY EITHER PRIOR TO SENTENCING FOR OBJECTIONS OR CORRECTIONS THAT VIOLATES US CODE TITLE 18 PART 2 SUB CHAPTER 3552 D IS THAT A POST CONVICTION REMEDY??
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 years ago.
Hello.

If he is able to prove that counsel was ineffective and acted in a manner that was unreasonable compared to what other attorneys would have done AND it affected the outcome, then he would be entitled to a new sentencing. The fact that his attorney didn't have contact with him before sentencing alone will probably not rise to the level of ineffective assistance of counsel, but if he also proceeded to sentencing without knowing what was in the presentence report, that might be a problem. Since a presentence report is usually around 6-8 pages though, I find it hard to believe he didn't have time to read it before the sentence was imposed. Post conviction relief is difficult to get because of the fact that a deficiency was proven and that the outcome would have been different.
Customer: replied 4 years ago.
I UNDERSTAND THAT HIS COURT APPOINTED ATTORNEY PROBABLY DID RECEIVE THE PRESENTENCE REPORT HOWEVER IT WAS NOT GONE OVER WITH THE DEFENDANT SO THAT ANY OBJECTIONS OR CORRECTIONS COULD BE MADE PRIOR TO SENTENCING HECK WE NEVER EVEN KNEW WHAT ONE WAS UNTIL ADULT PROBATION DEPARTMENT CALLED AND SAID THEY HAD AN INERVIEW TO DO OVER THE PHONE WE NEVER EVER REALIZED IT HELD SUCH AN IMPACT OR BELIEVE ME IT WOULD HAVE DIFFERENTLY AND IM SURE SOME CHOSEN WORDS WOULD HAVE NEVER BEEN USED. I HAD TO PRINT IT OUT AT THE LAW LIBRARY A WEEK AFTER MY FIANCE HAD ALREADY BEEN TAKEN INTO CUSTODY AT SENTENCING WHICH WAS SUPPOSE TO BE DEFERRED.(HOW DO YOU BACK OUT OF A DEFERRED PLEA FOR WITNESS VERIFICATION PRIOR TO SENTENCING) IF YOU CALL AND CAN ONLY LEAVE A MESSAGE ON VOICEMAILS FOR YOUR "ATTORNEY" BECAUSE HE HAD QUOTE ON QUOTE "A COUPLE LATE FRIDAY NIGHTS" AS HE TOLD US THE MORNING OF SENTENCING WHEN HE ATTEMPTED TO FIRE HIM AND WERE DENIED!.....SORRY FOR SUCH THE SCRAMBLED MUMBLE JUMBLED QUESTIONS
Expert:  Hammer O'Justice replied 4 years ago.
Well, in order to obtain relief then, he would have to show that there was an error with the presentence report and that the uncorrected error led to him getting a higher sentence. The fact that the attorney was not involved with the presentence interview is not really of any matter; attorneys are not generally present at such interviews.

Without knowing the exact terms of the plea agreement I can't tell you why the sentence changed or if it was legally justified or not.
Customer: replied 4 years ago.
OKAY NO HE WAS SENTENCED ACCORDING TO THE PLEA THE JUDGE GAVE HIM THE PRESUMPTIVE LIKE PROMISED HOWEVER 2 MONTH LATER HE RECIEVED SOMETHING FROM THE PRISON AND HE SENT IT TO ME......STATING HE NOW HAS TO SERVE 6.5 AND 3 DAYS AS TO WHERE THE JUDGE GAVE 6.5 1 DAY I KNOW ITS ONLY 2 DAYS BUT 2 DAYS LONGER AWAY FROME ME AND OUR CHILDREN AND THATS NOT FAIR I MEAN ONCE SENTENCED AND IF HASNT GOT INTO ANY TROUBLE IN WHICH HE HASNT NOBODY SHOULD BE ABLE TO GO BACK IN AND ADD 2 YEARS 2 MONTHS 2 WEEKS OR EVEN JUST 2 DAYS!!!
Expert:  Hammer O'Justice replied 4 years ago.
In that case, he really just has to either file a Motion to Correct Sentence with the court, letting the judge know that the prison paperwork does not reflect the accurate sentence, and the judge can just correct it. If he's unable to get ahold of his attorney, he can try to file it himself.
Customer: replied 4 years ago.
HOW DO WE KNOW IF ITS AN ERROR OR IF TIME HAS BEEN ADDED WITHOUT GOOD CASUE
Expert:  Hammer O'Justice replied 4 years ago.
The judge cannot add time onto a sentence after sentencing, so it is likely just an error with the paperwork. It is highly unlikely that the court reopened the file just to add 2 days to his sentence illegally and without a hearing.

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