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My sister has been sentenced to 15 years in prison for a violation of probation, I need help to see what we can do next!??

Orlando, FL |

Her main charge was leaving the scene of an accident with death and DUI in 2008 , which was a first degree felony and a misdemeanor . She was sentenced to 6 years probation , she was now on her 4th year never had a problem . She had asked her p . o for early release but didn't get an answer . She checked on the court's website and her case showed up as closed , so she assumed her case was closed and did not report herself to her p . o . She then went to Texas and got arrested there , but that case was dropped , she also went to N . Y to fight her child's custody thinking she was out of probation , 3 months later she founds out she had a warrant and turned herself in voluntary , she hired an attorney to fight her case , the state offered her 9 years , she didn't accept it so judge sentenced her to 15 years .

Attorney Answers 5

  1. Best answer

    Unfortunately, there may not be much you can do. You could hire an attorney to look over the case, including the VOP. The attorney may find grounds for mitigation. If the time since the sentencing is less than 60 days, an attorney could ask for a reconsideration of the sentence and request it be mitigated. It would be incumbant upon your sister and the family to help gather evidence to present to the judge as grounds for the mitigation. If your sister was placed on probation to begin with, 15 years on a VOP seems a little harsh to me. But, maybe not.

  2. You can hire a lawyer to look over everything to see if there is any grounds for an appeal, but there don't appear to be any from what you have posted here.

  3. Did she enter a straight up plea or did she have a violaton of probation hearing?
    If she entered a straight up plea she can ask for reconsideration within 60 days of the sentencing date. If she had a violation of probation hearing she has 30 days to file an appeal and have an attorney appeal the decision of the court. She can then ask the court to reconsider the sentence within 60 days of the mandate being issued if the appeal is unsuccessful. Best of luck!

  4. Pay attention to Mr. Waggoner's answer. Who was the judge????

  5. It's a very sad situation. You may want to hire a lawyer to go in and file a motion for reconsideration. I hope she wins.

    For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at Twitter @cohenlawyer

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