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I am very sorry to hear about your son's unfortunate situation.
Did your son voluntarily take the plea deal?
Yes. He took based on what his lawyer advised.
Did the plea deal state what type of penalty prosecutor would seek?
Yes, It stated 1st degree facilitation to robbery and he pleaded to 2nd degree robbery. I believe the first charge was due to the fact that one of the guys he dropped off hit the pizza guy when they took the pizza but my son was not present.
What about recommended sentence?
What sentence did prosecutor recommend to the judge at sentencing?
Recommended sentencing 5years I believe. I think this was the minimum
So the judge gave your son a recommended minimum, so if your son voluntarily took the please and only received minimum sentence for the criminal charge he pleaded guilty to, there would not be any reason for your son to pursue any claim for legal malpractice or ineffective assistance of counsel.
Unfortunately, this type of criminal charge would not generally allow judge to sentence a defendant to a shock probation.
In talking to another lawyer she told me that she would probably wait to parole which would be 5/23 and then file for shock if not paroled.
I am very sorry for you son's difficult situation, but unfortunately generally there would not be many legal options that he can pursue at this point, aside from filing a petition for clemency from the governor.
Which lawyer did you talk to?
Is it a local lawyer?
Bryant Law Firm. Yes it is local.
Well, you can hire them to represent your son, but generally it is very rare for the judge to sentence someone to probation for a second degree robbery.
I know this is difficult to digest, but it is the reality and I do have professional obligation to provide JustAnswer.com customers with correct answers.
So, if probation is not an option. Should we just wait till see if he is paroled
Also, it is much easier to make recommendations or for another lawyer to claim that they could achieve a better result, after the defendant has been sentenced and the case is over.
Parole might be the next possibility to get your son out.
Did this robbery involve and weapons?
No weapons. My son is a 17year old in a 20year old body and he hung around some younger kids 17 and 18 who were the actual ones who committed the crime. They thought it was fun and games. My son chose the wrong night to give his friends a lift which he often did to get gas money.
That is really tragic.
Well, if there was no violence or at least no weapons involved, your son would have a better chance for the parole.
Was anyone hurt in this robbery?
that is good news.
Yes, I guess it could be worse. But my son had just started a promising career in music. So, I don't know what to do at this point if he is paroled but still has felony charge on his record about getting his life back on track.
Well. It is a tough situation.
There won't be much that can be done until your son completes his parole and probation.
I mean not much as far as obtaining any relief from the felony conviction.
Are there any avenues that one can pursue to put him in a better position when it comes to jobs or college. He had been attending but stopped due to this matter.
Well, once your son completes his sentence and keeps out of trouble for a few years, he will be able to file Petition for Pardon with the Governor's office and if granted, such full pardon would provide relief to your son from any civil disabilities due to the felony conviction.
Ok. I appreciate your help in this matter. Thank for your time.
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