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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118635
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My husband's DOSA got revoked. s case is different though.

Customer Question

My husband's DOSA got revoked. His case is different though. He received DOSA 15 years ago.. He did 5 years (dosa time) got out and within 42 days picked up a new case with the feds. He spent the next 10 years in federal prison. He got out in April of 2014 and in that time he has changed his life around completely. He has a good job (valuable member of an HVAC company), reestablished relationships with his kids, and now he's married. Now 15 months after he's been out his federal probation officer notified him that the state was doing old audits and ran across his case.. He was instructed he needed to check in with a state probation officer (which he had no idea he had) after meeting with his state PO he was informed about the audit. The state did an audit and realized that he owed them 5 years (remaining DOSA time). The PO did everything in his power to keep him from going back. Because he said this is the one time in his career he feels is unjust. He brought it up to his boss and his
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
He brought it up to his boss and his bosses boss and they turned it down. We hired an attorney and he filed a motion with my husband's state sentencing judge. The motion hasn't been heard yet. (I can provide you a copy so you can understand this special case a little better..) Hopefully it will be by the end of this month. Now my husband had no choice but to turn himself in Aug 7, 2015. Last Thursday he met with a hearings officer. She heard his story and was really taken back. She said said she's really sorry he's in there and she's proud of him for changing his life and commends him for it. She said she was going to do everything in her power to release him from county jail and keep him from going to prison. The next day she came back and said she was so sorry but there was nothing she could do. She said she had to revoke his DOSA and send him back to prison. She gave him appeal paperwork and told him not to lose hope and don't give up. She told him off record that she has never seen a case like this and she is going to fight for this not to happen to the next guy. And that she is really sorry she couldn't help him. She looked at him directly in his eyes and stated if the tables were turned and he was on the opposite end of the law she'd fight just as hard to send him back... But that's the thing is my husband's done with "that life" he just wants to have a chance to be a father, a husband, and a productive member of society. Which he is. He even has letters from his probation officer, treatment, work, counseling, ect. That he's in full compliance and they don't feel he deserves to go back. Everyone who hears his story knows he deserves to be home!!! I guess after you read the motion maybe you can give me advice on other avenues to handle this. I just want my husband home. Every one that hears his story knows he doesn't deserve to be in there. But no one can fix it... yet anyway. I want to help him and do something to change this! Olympia might be able too.... laws needs to be changed. Because prison is meant to reintegrate and rehabilitate felons back into the community. Which he's done! There's no lesson he's learning from being thrown back in there this time. Sorry for the super long story. It's just complicated. And we're desperately in need of help.
Customer: replied 2 years ago.
Please do not put this on a public forum. I just read your conditions and would much rather this not be all over the internet... thank you!!
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
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.
Upon reading your information the brief concentrates on one argument, but I believe there should be a second argument made, RCW 9.94A.589(3) provides that “whenever a person is sentenced for a felony that was committed while the person was not under sentence for conviction of a felony, the sentence shall run concurrently” with the other felony sentences, “unless the court pronouncing the current sentence expressly orders that they be served consecutively.”  RCW 9.94A.589(3).   Thus, under RCW 9.94.589(3), a sentence must either be concurrent with another sentence or consecutive to it. See: State v. Smith, 142 Wn. App. 122 (WA App. 2007).
Other than that your arguments are good and your husband actually has a very good chance of the court vacating the sentence here as the motion asks.