What are the chances of eliminating post release and/or reducing the amount of time left on his sentence?

Asked over 1 year ago - Walworth, NY

My fiance has been in a low-medium correctional facility for 2.5yrs now. He is serving 4-5yrs for a first-time offense and as a "violent offender"; he robbed a drug dealer. He has 3yrs pr. However, he was charged with up to 5 charges that do not pertain to him, but rather to another individual involved. It was this individual who caused physical threat/harm/had a BB gun on him; but it was my fiance who also received these charges. I have his files, all but the PSI and the court mins. In these files, the victim's account relays the fact that my fiance had no part in violent acts. Further, my fiance has proven himself in his time thus far. The only reason we have waited this long is because we were unaware of the process.Is there a chance for appeal and reducing/eliminating his post-release?

Additional information

We are looking to find a lawyer who may be able to help us. Currently money is a concern, so we are curious about pro-bono work. However I may try to raise money for us. I can discuss his situation further and how serious we are about this potential appeal.

Attorney answers (4)

  1. Joseph A Lo Piccolo

    Contributor Level 20


    Lawyers agree

    Answered . Unfortunately, the chances are slim. These defenses were an issue pre-sentence, not now.
    PRS is mandatory and due to the violent charge, he has to serve 6/7's of the sentence.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . PSR is mandatory.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Edwin Drantivy

    Contributor Level 18


    Lawyers agree

    Answered . Eliminating post release will be next to impossible.

    You would be well-served to discuss your dilemma with a New York criminal defense attorney in a confidential forum as soon as possible because your time to appeal may disappear.

  4. John J. Carney


    Contributor Level 14


    Lawyer agrees

    Answered . Save your money as you are not going to get rid of the post-release supervision. He will get out and have to obey the terms of his release or go back to prison. That is what you have to concentrate on, getting him a job and staying away from alcohol, drugs, crime, and criminals.

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