Washington state sentencing guildlinesIn 1987 sentenced to 240 months for armed robbery, 9 counts plus gun enhancement. Judge went outside the guildlines because he felt that the legislator did not take into concideration of so many counts. Was this legal? No one was hurt in these robberys Attorney answers (2)
I practice in California, but my answer is intended to express general principles of law common to all jurisdictions; I recommend you consult an experienced criminal defense lawyer in Washington State for more specific advice.
Given that your sentence was pronounced 21 years ago, in all likelihood, the judgment of the court is now absolutely final. Generally speaking, you must appeal any error in the court's Judgment and Sentence within a very short time window after entry of the Judgment. You must also follow up your appeal, if it is not successful, to the highest court in your state before seeking relief in the U.S. District Court by filing a petition for writ of habeas corpus. Under federal law, you MUST file the petition for writ of habeas corpus within one year of the rejection of your last direct appeal. If you have failed to follow the above procedures, you most likely have no appeal rights remaining at all. Be cautious if you choose to consult attorneys or investigators who offer to assist people with relief from very old convictions. Make sure any promises, guarantees, or suggestions that there is a way to file for relief from a Judgment or conviction after so much time has passed are explicitly stated in writing. Also ask the lawyer to show you the statutes or case law upon which they have based their opinion that your petition or appeal may have merit. 1 person marked this answer as good
Okorie Chukwudimm Okorocha, licensed in California
Add comment
Find LLC Lawyers |