Criminal Defense Attorney
There is not enough information given to answer this question. Most importantly, was this a state or federal case?
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
Maybe. You should speak with an attorney that is experienced in handling post-conviction petitions. It's unclear from this post which ones may be helpful to your mother.
Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Criminal Defense Attorney
From your comment below, it appears that this was a federal case. In that instance, there are not many options at this stage for getting her sentenced reduced. Let me go through a few:
- In general, your mother probably cannot challenge her sentence by filing what's called a "2255" petition unless there are some new facts or circumstances that explain why she waited so long to file it.
- If the U.S. Sentencing Guidelines changed in her favor, then there could be an opportunity to ask a judge to reduce her sentence, but it depends a great deal on the facts of her case.
- If she has provided assistance to a government investigation since she has been in jail, she might be eligible for what's called a Rule 35 motion.
- Finally, there may also be options within the BOP system to change her designation or allow her to move facilities; but, again, that depends a great deal on her circumstances and would not actually reduce the sentence issued in her final judgment of conviction.
Given the complexities of all four, and their very limited availability, you would need to talk with an experienced federal criminal lawyer about your mother's case, and then he or she could advise you what options might be available.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and California, I strongly suggest you consult with an attorney in your city and state as Statute of Limitation and other deadlines can limit your recovery or affect your legal rights.