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

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?

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. 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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. PSR is mandatory.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. 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. 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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