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Crimlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 418
Experience:  J.D. magna cum laude, Clerk for Supreme Court of Alabama 2004-2005, practicing lawyer
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I received a dui in alaska but had 3 priors from when I was ...

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I received a dui in alaska but had 3 priors from when I was younger the judge sentenced me to 4yrs with 2yrs suspended. So 2yrs to serve well I am doing my time on an ankle monitor with DOC and my sentence was presumptive so I was told that I am not eligible for parole I talked to the main person with the DOC and he said there is a blakely law that might be able to change that so that I could be eligible for parole my question is do you know about this law and will it work with my circumstances?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Crimlawyer replied 9 years ago.
A "Blakeley" case is one in which a jury is not involved or where a jury is involved and a judge gives a sentence harsher than the sentence produced by the jury. In your case, you need to discover if you agreed to a plea bargain. If you did, then you are not eligible for a Blakeley challenge. If you tired your case and the jury rendered a verdict, and the judge increased it, then you may have a good Blakeley case. If not, be thankful for the monitor.
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