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SmithEsq
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience:  Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
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Reduction,dissmisal,alternitive

Customer Question

I'm Searching for a petition to present to the WA state Superior Court in hopes of a sentence reduction? I have been on a PR/Bond for the last 8 months after serving 28 months on a first degree robery charge, charged under the liability accompliace act and was PRed after the appeallates court dission-reversing the firearm enhancment. Im not concerned that I have a lack of reason to grant an alternitve to serving the remainder of my origanal sentence after the Supreme court revearsed the case decision in which I was released on However I NEED a way in which to present the Judge he do so!?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.

Yes I'm still awaiting a responce. Thank You for your time!


Shayne


 

Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  SmithEsq replied 2 years ago.
Hello, I m the professional who will be helping you today. Please be advised we are not permitted to give advice,only information. That being said, as I understand your situation, you currently are paroled n a sentence which was reduced by the appellate courts, after serving 28 months. What was the original sentence? Finally, your actual question is unclear. War do you want to know about how to edition court for what?
Customer: replied 2 years ago.

I was brought back to superior court after I requested a Bond Hearing, after the weapons Enhancement portion of my sentence was reversed in the appeallate court.The original sentence was 73 months- including the 36 month enhancment. So I served 28 of those months and with good time had fufilled my prison obligation and PRed tell the supreme court ruling.


The Supreme Court Just reversed the weapons enhancment meaning I am now Obligated to serve the remaining portion of that sentence which would be about another 2 1/2 years. So i'm looking for a way to ask for that remaining portion of the sentene to be reduced, dismissed, differed or something other than prison. Furthermore not that I need to know how to get the court hearing BUT a case law or court rule in which the judge can do so. Iv been out for 8 months and have become a leader within our WA state PACs with VP parent policy work, mentorship Etc.

Expert:  SmithEsq replied 2 years ago.

Thank you for the additional information. I will do some minor research and get back to you as soon as possible, checking Washington State.

Customer: replied 2 years ago.
Okay... Thank you very much!
Expert:  SmithEsq replied 2 years ago.
Hi, just to stay in touch-I'm checking the provisions that permit the judge to impose sentences outside the statutory or standard range, in the penal code itself. Even before going to case law there is a provision that allows the judge to keep you on bond or patrolled while hearing an Appeal to your sentence, and lists mitigating factors of your sentence. This is where, in addition to the fact that you've done so much time, the way this statute has been unfairly applied to you in its ambiguity, etc applies, you can address all the things you have been doing in the community that would make the additional sentence unwarranted. All the mitigating factors are in the statute. RCW 9.94A.535 Please feel free to ask me follow up questions!
Expert:  SmithEsq replied 2 years ago.
If my answer has been helpful please rate it positively, otherwise, please ask me follow up questions until you are satisfied.
Customer: replied 2 years ago.
Thank You and is a good thought. But iv already been sentenced and was bonded wile we awaited the Supreme Court ruling. So I'm not sure how that RCW would apply to me now? Am i not getting it?
Expert:  SmithEsq replied 2 years ago.
Well I assume you would appeal the sentence, in your case, despite the court's ruling in the interest of justice. I assume also, you have a lawyer working with you. If not, and you can't afford one, use a law school clinic if there is one near you because they have no case load, and are absolutely committed and have the best oversight. It's a little known fact. If you can appeal in the interest of justice, and request that you remain out pending the results of the appeal or, the reargument of the initial appeal, you would make your arguments at that time.
Expert:  SmithEsq replied 2 years ago.
So you can make a motion to reargue, appeal the sentence or petition the court for a modification off the sentence due to mitigating circumstances. This is a start. You can se a private lawyer, public defender or law school clinic. I hope I have helped. Please feel free to ask any follow up questions.
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience: Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
SmithEsq and 12 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry about not responding right away! Iv been trying to reach my public defender who didn't know how he could keep me out and has been on vaca so iv yet to hear back from him and have been trying to do my own research so to help him help myself. So honestly I don't know if this will work or not ??? I just know what my appeallate attorney told me and that was I can't appleal my sentence after its been seen in the appeallate court per your response. So I'm still confused...
Expert:  SmithEsq replied 2 years ago.
Hi, I'm sorry about the complexities of the situation. My argument was that if you could get the original sentencing judge to rehear your sentencing pleas on the basis of the mitigating factors basis, and not on the legality of the sentence maybe you would have a chance. Maybe you can't do it, but as defense attorneys all we can do is keep arguing until our heads fall off sometimes. Youre not arguing the sentence is illegal, you're trying to reopen that portion of the proceeding where the judge hears the defense on sentencing. Maybe it's not possible, and I hope it is, but I don't see any other avenue to pursue.
Customer: replied 2 years ago.
I guess back to my original question... Is there a case that I can site that where this has happened POST original sentence??? I'm not worried that this judge won't give me an alternative but again a way he can.
Thank you! Please help!
Shayne
Expert:  SmithEsq replied 2 years ago.
Ok i am looking into it for you! Thanks for asking. Ill get back to you in about two hours

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