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Moe Manser
Moe Manser, Paralegal
Category: Criminal Law
Satisfied Customers: 162
Experience:  President of U.S. Legal Research Corp., over 15 years of assisting lawyers nationwide. Federal/State
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How does an inmate file a sentence modification in

Resolved Question:

The judge said he was eligible for the earned early release program at the time of sentencing, however, we now find that according to state law he is not & must serve his full sentence,
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Moe Manser replied 9 years ago.
DearCustomerbr />
I'm assuming this individual is still incarcerated. He/She would need to write to the administrative department at the prison, requesting that their calculation be corrected. Normally prisons will abide by their internal regulated laws. If the judges instructions violate the law or internal prison rules, most likely they will not adhere to the judges instructions, but it never hurts to try. Request copies of the sentencing minutes from the court and highlight the judges recommended early release instructions. Send a copy of the minutes to the administrative department along the calculation correction request, and demand that the judges instructions be followed. If they refuse, your next bet will to write the judge and file a complaint, informing him/her that the jail administration did not follow his sentencing instructions.

Good Luck !!

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