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My daughter was just sentenced 11-20-17 for arson of her…

My daughter was just...

My daughter was just sentenced 11-20-17 for arson of her home. She is innocent and has no priors. Are there any early release programs out there that she can apply for?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Have you talked to a lawyer yet?

She has a court appointed one but he said he couldn't find a reason for an appeal yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is in Huron Valley womens complex and they are overcrowded. I am disabled and caring for my grandson. I need her home.

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1/7/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,854
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Was she convicted after trial or did she take a plea? How much time was she sentenced to?

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Customer reply replied 7 months ago
trial and 30 months

Arson is a violent offense unfortunately, and work release, boot camp and special programs are not available to offenders charged with violent crimes such as arson.

She could appeal her conviction and if she's successful she could get released. Alternatively, if she feels the sentence is unduly harsh based on the evidence against her and her lack of an arrest history, she can have her lawyer petition the judge to see whether he will consider a sentence reduction for her. But apart from that, the only thing that would be available to her would be a commutation of her sentence from the governor. Here is the application and the instructions.

I am sorry to be the bearer of bad news, but the nature of the offense does not allow her early release programs.

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Customer reply replied 7 months ago
thank you

Make sure that the public defender has filed the notice of appeal so that she doesn't lose the opportunity to challenge this case. You should get someone other than the lawyer who tried the case to look it over for an appeal. If there were things her lawyer should have done and didn't, that would be a basis of appeal but her trial lawyer couldn't help her with that as it would be a conflict of interest. And that may be the only basis for the appeal she's got.

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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,854
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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