How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My husband was sentanced to manditory 10 years for sell of

Resolved Question:

My husband was sentanced to manditory 10 years for sell of a controlled substance and this is his 2nd time being arrested, the first time he was arrested he had 3 charges and one was posseson of crack cocain and burglary and grand larcery. he signed a plea agreement and was later taken back to court on the posseson charge and was sentanced again for the same charge he took the plea. now that he has this charge he was sentenced to 10 years mandatory and is not elig for 30 for 30 or time served. he has been in prison now for almost 8 years and has never been in trouble. is there any thing we can do to get him time served for good behavor or some thing?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.



Unfortunately, Mississippi is very tough and because he is a repeat offender he was given the mandatory sentence. A mandatory means there is no other recourse. I am sorry, I wish it was better news for you but there is nothing to do but wait out the time


Customer: replied 6 years ago.
i know mississippi has it were a repeated offender is entered as habitual on their third conviction... he has 2 no matter how many charges they have in one offence its still one and with them taking him back to court for the first offence because the state did not have crime report back they took him back to court like it was a new charge but it was not new it was written in his plea so instead of it being 2 convictions it now look like 3 when it has only been 2, how can we fight this?
Expert:  Samuel II replied 6 years ago.



Ah, I see.


He would need to file a post conviction petition. This will require the services of a local attorney or public defender because case law will be necessary in a memorandum of law. This is a very long process and, of course, he could be released before complete. But he will want to get the record straight


Customer: replied 6 years ago.
where would we get this post conviction petition? what is this exactly?
Expert:  Samuel II replied 6 years ago.



It needs to be drafted from scratch relevant to your husband's situation. You may be able to find information in the legal section of your local library. Certainly, he would have all the information available to research it in the prison library.


Samuel II and 3 other Criminal Law Specialists are ready to help you