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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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My boyfriend is serving time for crack possesion. Under the

Resolved Question:

My boyfriend is serving time for crack possesion. Under the new "crack law" that passed Nov 1, 2011 he is due to get some time off. However, his attorney keeps saying that he has to wait for the prosecutor to submit his part, and the prosecutor keeps trying to find reasons why he shouldnt get time off. But since it is a federal law that was passes, doesnt he get the time off regardless bc it is the LAW? Regardless of his prosecutors opinion? And why does it have to go to the prosecutor, is there any way around that? We are both tired of getting the run around, and we just want an answer either way it goes.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Joseph replied 2 years ago.

While the change in the law means that the reduction in time is all but a certainty, it does not occur automatically. Your boyfriend needs to have his sentenced modified. A modification can occur in one of two ways, either by a hearing or by stipulation.

 

For a hearing, the attorney would need to draft and file a motion. After getting the motion filed, he would then need to contact the judge's assistant and coordinate a hearing. Then, of course, he would need to conduct the hearing. As you can imagine, this takes a fair amount of time and effort.

 

For a stipulation, the attorney would need to contact the assigned Assistant United States Attorney (AUSA). The AUSA would then draft a stipulated agreement for the sentence reduction. After the stipulation is drafted, it would be forwarded to the judge for his signature. This is a quicker and easier method but it does still take a bit of time and effort. From what you have described, it sounds like the attorney is pursuing this method.

 

And yes, assuming your boyfriend meets the criteria of the change in the law, it is very likely that he will get the sentence reduction.

 

Please let me know if anything requires clarification.

 

 

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 2 years ago.
does it HAVE to go through the prosecutor?
Expert:  Joseph replied 2 years ago.

No, as I stated in my original answer, a motion could be filed instead. However, in general, the easier and more prudent method is to go through the prosecutor. This would be the stipulation that I described in my original answer.

 

 

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.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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