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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116817
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I need help with a letter requesting that a judge

Customer Question

I need help with a letter requesting that a judge recalculate the sentencing guidelines for my fiancé in his drug case. He has done 13years thus far and based on the amount of drugs in his sentencing report he has already done the maximum time based on the drugs found on him at his initial arrest.
Howevever, when the judge sentenced him the grounds for his sentence where gathered from an estimate of how much drugs he posdibly may have sold & that amount does not reflect what was written in his precious sentence report. The initial sentence was for 25 years and now with the new sentence reduction law approved by Obama I want to write the judge to sentence him on the guidelines of his case. This would ultimately be a character letter about how his time served has changed him and how he has been a model inmate and began rehabilitating within his prison setting. My fiancé has also obtain certifications and taught several classes while being incarcerated.
I am not familiar with the new law that mandates drug case sentencing reductions but I want to write this letter in order for the judge to release him early....Can u help?
Thanks for your time. ...
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
State law forbids us from actually writing any such letter for you as it considers that representation.
Also, you cannot just write a letter to the judge asking for resentencing, your boyfriend's attorney has to actually file a "Motion for Post Conviction Relief" and in that motion ask for a reconsideration of sentencing under the revised guidelines. A "character letter" is not going to do anything for this type of case where the sentencing guidelines have been changed, it requires a legal review of the guidelines, his presentence report and his current sentence. A letter will not do any good to the judge and it will not be read by the judge.
Thus, you need to get his attorney to file a motion in the sentencing court to seek the reconsideration of the sentence and possible early release and not a letter to the judge as that will do nothing.