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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26411
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Drug Offender unfair sentence

Customer Question

Drug Offender unfair sentence
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please give some background so that I can understand your concern.

When was this person sentenced? Did he take a plea or was he found guilty at trial? Has he appealed? State or Federal conviction? If state, which state?

Customer: replied 7 months ago.
Hey Zoey, just inquiring about steps to take to get my mom out of a florida state prison. She is a first time drug offender serving a 30 year sentence. She has been in for 11 years and I believe her sentence is ridiculous. Any paths I can take? Any information will help.
Customer: replied 7 months ago.
She was found guilty at trial, state conviction florida
Expert:  Zoey_ JD replied 7 months ago.

She had 30 days to appeal her case on the basis that her sentence was unduly harsh, among any other relevant grounds. At this point, however, unless there is newly discovered evidence which could not have possibly have been known at the time of her trial, or unless the law under which she was sentenced has been found unconstitutional or there was some other due process violation, her time to appeal this conviction is long past.

That means about the only remedy still available to her would be to apply to the governor for a commutation of sentence. The application form is here. It's a longshot, but unfortunately, all post-conviction remedies are longshots.

Expert:  Zoey_ JD replied 7 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.