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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112773
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My father took a plea in 2001 at that time he was told he

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My father took a plea in 2001 at that time he was told he would be eligible for release Iin 10 years but that was not true he has now served 15 and 1/2 years but due to ms. Procedural and time bars the court want correct his sentence will a petition help convince the d.a and judge to consider correcting this error??
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Eligible for release and actually being released are often two different things. Eligible for release means that after 10 years the parole board can consider his release. So his recourse since more 10 years has been done is he has to apply to the parole board for release. It is not up to the court or DA to do anything as it is not an error to tell someone they are eligible to be released after 10 years, he has to convince the parole board that he should be released and you need to direct your efforts on getting him an attorney to take this matter to the parole board to get them to release him.
Customer: replied 3 months ago.
That is the problem they said he would be eligible for release and in actuality he is serving mandatory time
Thank you for the additional information.
If he is serving mandatory time then your father's attorney needs to file a motion for post conviction relief and ask for the court to correct the sentence, but if it is mandatory, the court's hands could be tied and there can be nothing they can do about it.
Customer: replied 3 months ago.
Have filed 3 pcr's and the procedural bars want let them address the issue rubber stamp no
Thank you for your reply.
That is his only legal recourse other than perhaps a Habeas Corpus petition to the Federal Court arguing that the deal promising him release eligibility was illegal and thus the deal needs to be withdrawn and seek to get a trial.
Customer: replied 3 months ago.
Can we go habeas without going through state again?
Customer: replied 3 months ago.
Any recommendations on who best to file something
Thank you for your reply.
You can file habeas in federal court without going through the state, but you need to get your father a new criminal defense attorney who will have to review his evidence to evaluate the best arguments to make on the habeas petition.
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Customer: replied 2 months ago.
Will leaflet and Frye*****cases be helpful in filing illegal plea and does ms. Have a right to reconstruct or modify a sentence after 15 years?
Thank you for your reply.
Yes, ineffective assistance of counsel and failure to inform the defendant of the implications of their plea would be grounds to assert in the habeas petition.

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