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MIAMILAW1127, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My brother was convicted of a &E in williamsburg,va.

Customer Question

My brother was convicted of a B&E in williamsburg,va. Although the sentencing guideline was 5 yrs, the judge gave him the max 15 with 5 suspended. my brother appealed his case to higher courts - writ habeas corpus, pro se.. He was released after 4 years - federal judge granted his request due to ineffective counsel and basically statesif you need to try him the right way. The issue was his trial (court appointed) lawyr did not chllenge a key piece of evidence nor subpoena the person over the validation to testify over the evidence. He has been free for 2 years.. The state (***** *****e -DOC) appealed - 2 judges were in my brothers favor.. they appealed again 2 judges were in his favor in the 4th circuit court and 1 offered a strong dissent in favor of my brother... it went to the supreme court, which them denied the right to hear the appeal for lack of polling en banc. Now my brother is having to return........ In the 2 years, he has began a roofing business with Dad, p
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
What can be done? Sentencing reduction, reconsideration, clemency , what?
Expert:  MIAMILAW1127 replied 1 year ago.
Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. At this point, because you have gone all the way to the State Supreme Court, the only other thing that seems that could be done is seeking a pardon. It sounds like you have exhausted all the options at the judicial level. I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.