Expert Advice When You Need It Most

My Ex husband is currently in Prison serving time can sentence be modified so he gets out earlier than sentence given?

Asked over 2 years ago - Miami, FL

My ex-husband plead guilty to Felonys. He has been in prison now for 8 months and wont get out until September 2011 with all good time included. Since I was the victim in the case and helped come up to how much time I felt he should serve minimum can I help get it modified to make the sentence even shorter?

Flag

Save

Share with:

Attorney answers (3)

Jennifer Ann Jacobs

Reputation Level 14

Answered over 2 years ago. Criminal Defense Attorney in Winter Park, FL.

Flag

A sentence can only be modified within 30 days. If he has already served 8 months, the time for modification has expired.

Jennifer A. Jacobs

Mark as good answer

Add comment

Shawn Alan Arnold

Reputation Level 12

Answered over 2 years ago. Criminal Defense Attorney in Jacksonville, FL.

Flag

There are vehicles to get a sentence reduction. I would contact a criminal appeals attorney in Miami to see if you are still within the windows of when the motions can be filed. Best of luck.

Arnold & New Criminal Defense

Mark as good answer

Add comment

John Patrick Guidry II

Reputation Level 14

Answered over 2 years ago. Criminal Defense Attorney in Orlando, FL.

Flag

You still may be able to modify this sentence. First, contact the attorney that defended your ex, as the structure of the sentence may create a loophole for modifying the sentence. Sometimes, a prison sentence is a condition of probation, and ANY condition of probation may be modified at any time by the judge, even though you're beyond the 30 day time limit. I've had this come up several times (many attorneys have structured sentences this way to allow for such possibilities). Check with your ex's attorney, there's got to be a way to make this happen!!

Good Luck,

John Guidry

Orlando Criminal Defense Attorney

Mark as good answer

Add comment