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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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Is there a time frame for a Judge to address a second reconsideration

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Is there a time frame for a Judge to address a second reconsideration hearing on a sentence which he suggested to the Public Defender at the time of Sentencing which he also sugested the first reconsideration of the sentencing. which he then turned around and rejected in one day which made the County Jail send the inmate to Grateford before the second one was made. And now it is six months and no decision yet on the second reconsideration , which the inmate should have been left at County instead of moved far away from Family .until this Judge which the family spoke at the second reconsideration hearing and had Letters from CSI, and many Professional in regards XXXXX XXXXX inmates place at this time.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Welcome and thank you for your question!

Please clarify:

1. Is this a state case or a federal case?

2. When was the original sentencing?

3. When was the first motion for reconsideration filed?

4. When did the judge rule on the first motion for reconsideration?

5. When was the second motion for reconsideration filed?

6. What was the legal argument for the second motion for reconsideration?
Customer: replied 2 years ago.


1.It is a State


2.Feb. 28th 2012


3. Feb.28th 2012


4.3/1/2012


5. 3/2/2012


6. Judge advised Public Defender , to do a second when the PD asked the Judge why he rejected the 1st when he advised him to do the first and that is when he said Oh just file another one.

Expert:  JB Umphrey replied 2 years ago.
Thank you. Please help me understand: why should the judge change the sentence? What was the argument that was given/made to the judge?
Customer: replied 2 years ago.
,The person who we are talking about went to a Rehab , and did 8 months of Intensive Dats,CSI, and many programs and made meetings and did what the Public Defender was apaulding and was clean and of course knowing he may go to jail anyone is going to do the right thing , he had a history of Drug abuse. and all his Counselors had evaluated him as he got it ,this time no one will ever know this i do know that, but I also feel he did get it, and the Public Defender really was adament about him getting punishement definitely but never thought he would send him to jail, he inhalled bath salt and him and his Financee Mother of his 6month old at the time who thank God was with Family at this July 4th insident. where haluciating and thought someone was braking in and shot a gun off no one was hurt and the PD got the felony thrown out, the Local cops did nothing to the Financee no drug charges so we had to get custody of child which we still have for her safety. (No legal reason) for him to reconsider just him telling the PD and the Lawyer (that my Daughter hired after the PD) we had no money she got her Income tax and then hired this Lawyer which , to do so and all of the Letters from the Organizations that the Judge send these people to when they have a problem, if he dose not take there opinion on each individual progress along with the other letters of support where this 25 yrs. old man is now, then why bother spending our Money funding these organizations, which I was informed by one of these heads of this Organization that they also felt this way about the Judge, He seems to undermine there efforts and dose not listen to there recommendations after seeing these indivuales, they also felt punishment was warranted but the progress this young man has made would be totally tested to a point unecessary and his productive time with his Job and Boss speaking also for the betterment of the community to make him still work and do other forms of strick punishment and yes , he has a disease and as Family we are partial so it is not my opinion because no one will listen To a Grandmother who has had him live with her through all this addiction for six yrs prior this and yes did get information form AlaNon to cope.Just don't understand the Judge recommending both reconsiderations
Expert:  JB Umphrey replied 2 years ago.
Have you been in court during these hearings / motions for reconsideration?
Customer: replied 2 years ago.
,yes i have and the second one my Daughter was allowed you speak the Judge said he only wanted one person to speak in support of the inmate and the inmate was not allowed to be brought back from Graterford for the second reconsideration hearing which we attended and the Judge finally read the letter while my Daughter spoke in behalf of her son from the Case Management Sup, on behalf and who was also there but the Judge heard the second hearing 15mn earlier as a courtesy to the Lawyer because our hearing was to be at 11am and he was getting ready to interview people for jury duty and we would have had to wait till about 3 so the Public Defender , and the Case manager got there on time for 11 to speak but it over and he was going to take into consideration all that was said and the letters that where written and as of today no decision has been made.
Customer: replied 2 years ago.
, ,yes i have and the second one my Daughter was allowed you speak the Judge said he only wanted one person to speak in support of the inmate and the inmate was not allowed to be brought back from Graterford for the second reconsideration hearing which we attended and the Judge finally read the letter while my Daughter spoke in behalf of her son from the Case Management Sup, on behalf and who was also there but the Judge heard the second hearing 15mn earlier as a courtesy to the Lawyer because our hearing was to be at 11am and he was getting ready to interview people for jury duty and we would have had to wait till about 3 so the Public Defender , and the Case manager got there on time for 11 to speak but it over and he was going to take into consideration all that was said and the letters that where written and as of today no decision has been made.
Expert:  JB Umphrey replied 2 years ago.
Thank you. There is no time limit for the judge.

From the facts you've described, the judge has not made a legal error in the sentence that was imposed.

Rather, the defendant is asking the judge to reduce his sentence because of the improvements that he's made in his personal behavior.

The judge has no legal obligation to change the sentence.

Now, in the normal course of things, it's possible for the judge to have forgotten that the motion is still out there. So, the attorney can call the judge's clerk to remind them of the motion.

Or, it could be that the judge is holding off on making a decision because the judge wants to first see more improvement. That is something that the attorney can learn by contacting the judge's clerk to check on the status of the ruling. That is what has to happen next.

I hope that you found this information to be helpful and, indeed, informative and worthy of a positive rating so that I receive credit for assisting you today.

~~ J.B.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 6 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

The Judge still did not rule but the County Clerk sent me papers showing that a Denial by operation of the Law was made on sept 28th no one was notified and we called the Lawyer my Daughter had and he said he never heard of this where the Clerk did a denial and he has a meeting with the Judge on Thursday and The Definition for Denial by operation of the Law is some thing to do with time that this was not decided on.This is a mess and we don't expect him to change his sentence but because he rejected the first one in one day and then we had the second one on March 20 and he did not make a decision it is just the principal at this point .

Expert:  JB Umphrey replied 2 years ago.
Thank you for the follow-up!

~~ J.B.

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JB Umphrey
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Handling criminal and probation matters for over 14 years.