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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