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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I obtain information on getting an overturn sentence

Customer Question

How do I obtain information on getting an overturn sentence due to inadequate defense or parole out for time served?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please clarify:
1) What state is this in?
2) Is this in state or federal court?
3) Did he not get credit for time served in incarceration prior to being convicted?
4) How long ago was the conviction?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
1) Georgia. 2) state. 3) not sure 4) 7 years
Expert:  Ely replied 1 year ago.
Thank you.
How do I obtain information on getting an overturn sentence [for] parole out for time served?
Now, I imagine he received credit for time served. This is standard. If he did not, he can file a Motion for Credit of Time for Incarceration (the motion title can vary) and have the Court grant him any credit he did not receive. If that credit "pushes" him to serve all the time he had to under the sentencing, he can be released.
Now if you mean simply "how to get parole..."
This is not a right, but a privilege. It is up to the PAROLE BOARD of the institution to decide when a prisoner may get parole. Normally, parole hearings are periodic - about one a year, etc. Prisoners who have sentencing for violent offenses normally have to serve out 85% or so of their sentence before being considered for parole.
So there is simply no way to "force" parole. It is granted as a privilege. I am sorry.
How do I obtain information on getting an overturn sentence due to inadequate defense
Defendant is required to raise any issue of ineffective assistance of trial counsel at the earliest practicable moment to avoid it being deemed waived. By “earliest practicable moment,” we mean that the ineffectiveness claim must be raised before appeal if the opportunity to do so is available. Garland v. State, 283 Ga. 201, 202, 657 S.E.2d 842 (2008).
Defendant has to file a motion arguing new trial based on ineffective use of counsel. This has to be done at trial level. If he has already filed an appeal, then it is too late to argue this. See Maxwell v. State, 262 Ga. 541, 543(3), 422 S.E.2d 543 (1992) (failure to file motion for new trial raising ineffective assistance of counsel claim in trial court bars review); see also Dawson v. State, 302 Ga.App. 842, 843–844, 691 S.E.2d 886 (2010) (failure to file motion to withdraw guilty plea raising ineffective assistance of counsel claim in trial court bars review).
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Customer: replied 1 year ago.
We tried to get rid of the first attorney by going through the state bar after being forced in to taking a plea . The state bar couldnt find him after four attempts we tried various other options to no avail. The state bar finally notified him without notifing me and i was told that he said he was ready to go to trial ,and i have documentation proving otherwise
Expert:  Ely replied 1 year ago.
Thank you for your reply.
We tried to get rid of the first attorney by going through the state bar after being forced in to taking a plea . The state bar couldnt find him after four attempts we tried various other options to no avail. The state bar finally notified him without notifing me and i was told that he said he was ready to go to trial ,and i have documentation proving otherwise
Okay, these facts can be ADDED to one's argument in the Motion for New trial based on ineffective counsel. However, it still has to be filed as soon as possible.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Was it leagal to take him from the jail with no representation on his be half
Expert:  Ely replied 1 year ago.
What do you mean to "take him from jail?"
Customer: replied 1 year ago.
After he was questioned and booked they took him out of the jail to look for a street that one of the girls from north carolina was visiting at in cobb county . Is there a statue of limitation to file this motion . How do i find out if he received time served for his prison time ?
Expert:  Ely replied 1 year ago.
There is no statute of limitations, but it has to be filed by "earliest practicable moment."
Time served may be found out by contacting the Georgia Department of Corrections. However, the Defendant (i.e. him) has much faster access to this from the inside. He can simply check his record.
If he willingly participated in the street search, then this was arguably legal provided he signed a waiver, which he likely did.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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