sentence reduction & recieving lesser charge

This is a discussion on sentence reduction & recieving lesser charge within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Hi from the gulf coast of Mississippi My question in criminal law is: Is is possible to recieve a lesser ...

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Old Sep 9th, 2009, 08:17 PM   #1
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Question sentence reduction & recieving lesser charge

Hi from the gulf coast of Mississippi My question in criminal law is: Is is possible to recieve a lesser charge & get a reduction of sentence for someone already serving??
My friends story is above ridiculious, and was handled by the wrong attorney, and would like to gather as much fed back as possible. Would appericate any help or advice.
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Old Sep 9th, 2009, 09:46 PM   #2
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Default Re: sentence reduction & recieving lesser charge

Iam not sure about what the laws are in Mississippi, But i am currently in the process of asking for a sentence reduction through our courts. But i have been out of prison for some time. And have already received a commutation throught the dept of corrections.
But normally there has to be an error on the defense attorneys part to be able to receive what you are asking for. Normally there is no way to prove this. Then it is just called an appeal.
You can always try though.
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Old Sep 13th, 2009, 04:56 PM   #3
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Thank you so much for not only taking the tim to respond, but for the information. May be small information to you, but to me::: it's NEEDED. If you have any other advice that you may think of please write painterbritches@yahoo.com . thanks again & may you find your anwsers as well.
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Old Sep 13th, 2009, 04:58 PM   #4
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Default Re: sentence reduction & recieving lesser charge

Not knowing all the rules to this forum & just incase emails address are not allowed: I wanted to thank you proper without address: the information & lead you sent was more than helpful & you were the first to reply to my questions. Thanks for taking the time to respond & for caring enough about others to write. THANKS A BUNCH!!
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Old Sep 13th, 2009, 05:59 PM   #5
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Default Re: sentence reduction & recieving lesser charge

There are also some federal filings you can do to try to overturn or reduce a sentence.
But you frankly must have legal counsel involved.

See e.g. a 28 USC § 2255 action--- and there are other options...
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Old Sep 13th, 2009, 06:00 PM   #6
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Default Re: sentence reduction & recieving lesser charge

MOTION UNDER 28 USC § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY

...if in federal custody there

but state law versions exist as well...
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Old Sep 13th, 2009, 07:24 PM   #7
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Default Re: sentence reduction & recieving lesser charge

Related info...

UNITED STATES -- NATIONAL SURVEY OF REVISORY POWER OVER SENTENCES

Natl Survey Revisory Power over Sentences

Quote:
24. MS

Mississippi has no rule or statute providing for motions to revise, modify or reduce sentences.

Source:

National Association of Criminal Defense Lawyers (NACDL)
1150 18th St., NW, Suite 950, Washington, DC 20036
(202) 872-8600 • Fax (202) 872-8690 • assist@nacdl.org


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Old Sep 15th, 2009, 02:33 PM   #8
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Default Re: sentence reduction & recieving lesser charge

Hi from the coast once again. I got 2 things to say; Thank you for all the replies & thank the good lord, I've never been in any trouble b/c.....ya'll....The Law is some tricky stuff. You make it seem so simple. Maybe,If I giv a tad more inform, maybe I can get a clear path on rather or not he can be helped or not. Douglas is bein held in a state facilty. He was supplied a court appointed attorney that in no shape cared about his rights. Let's see if I can explain this right. He's a trustee serving 14 years on a crazy bougus kidnapping charge~ I was told that if U serve time for a violent crime,U can't recieve trustee status, nor recieve 30 for 30. He is recieving both. however; I was also told that the state sees it as a violent crime, but parole board doesn't. That's why I was asking about sentence reductions & recieving a lesser charge. Am I making any scense with the information I'm trying to put together? Cant help him if I'm not asking the right questions. Im a fantastic a fantastic custom interior Painter but Law facts are beyound color codes. Ha!. If I knew any of this would help him, seeking & trying to pay for an attorney would be worth all my efforts, but I still feel like I'm not assisting him properly b/c I'm not understanding the pattern he's againest. Thanks for listening, I feel better just getting those thoughts off my chest. appericate your patience & Kindness. I'm surely CURIOUS on his behalf.
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