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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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my bf is currently sentenced for 6 years BUT I am pretty sure/praying that if an old case

Resolved Question:

my bf is currently sentenced for 6 years BUT I am pretty sure/praying that if an old case that he pleaded guilty to and did a year for is reopened his current sentence can be reduced. He pleaded guilty ( even though he did not do anything... long story) and there is direct evidence for that case on file.

Does anyone know the correct channels / how to petition the court to reopen an already closed and served case (to hopefully get his current sentence minimized?)

PLEASE PLEASE PLEASE PLEASE PLEASE AND THANK YOU THANK YOU THANK YOU
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

He could file a motion to withdraw his plea and the subsequent sentencing. The argument would be that a manifest injustice occurred in that he entered a plea to an offense that he did not commit and then served jail time for that offense. Furthermore, the guilty plea in that offense effected him in this case in that it enhanced his sentencing.

 

I will forewarn you, the odds of success are slim. The court system likes finality. Additionally, the court system does not want to encourage inmates to file motions to withdraw their pleas. As such, motions such as this are rarely granted.

 

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 5 years ago.
He is currently serving 6 years in federal prision for posession of 6 grams of crack (and a gun) in Maine... Is this sentence accurate / fair / 'just'? So the chances are slim for an old case to be reopened or petitioned especially if he's already done that time..

what about this:
if you google his name, there is an article in a Maine newspaper accusing him of first degree murder - the article has both his name and his photo.
HE HAS NEVER KILLED ANYONE!? Is this something that could help get his sentence reduced???
Expert:  Joseph replied 5 years ago.

Federal sentencing guidelines are extremely harsh. So yes, this sentence seems about "accurate".

 

 

And no, I just don't see the Google search information making any difference. The fact that he was accused of a crime he did not commit would not effect his federal sentencing as the guidelines do not factor in allegations, only convictions.

 

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 5 years ago.
i thought that PREVIOUSLY (before the fair sentensing act) defendants faced a minimum 5 year term in convicted of possessing at least 5 grams of crack. Congress rasied that minimum to 28 grams... \\
that said, 6 grams is a whole lot less than 28 grams..... is there anything that can be done?
Expert:  Joseph replied 5 years ago.

The amount of drug possessed is only one factor examined by the federal court in sentencing. The court also looks at acceptance of responsibility, whether a gun was involved (which was obviously the case here), the defendant's level of involvement in the criminal activity and the person's criminal history (as we alluded to in the earlier discussion of the previous offense).

 

So, from the cursory information we're able to examine here, your boyfriends sentencing appears reasonable.

 

I know you want to find a way to help your boyfriend, there is certainly nothing wrong with that. However, based on what you've stated thus far, there is simply nothing here that is compelling enough to somehow "un-do" the prior conviction or the current sentencing. I wish I had better news.

 

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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