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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

Posted

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.

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Asker

Posted

I see..is there any way it can be reduced? Or is there any chance of reducing the amount of time he has left? Or of receiving clemency?

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

You would have to speak to an appeals attorney but the chances at this point are not good. 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

Asker

Posted

Oh I see. Okay well I'll see what I can do, if anything. We probably should have started much sooner, I agree, but timing was always off and we didn't understand the process. But thank you.

Posted

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.

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Posted

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.

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Asker

Posted

Thank you very much. I have started to make some phone calls.

Posted

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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Asker

Posted

Thank you for your input. We are starting to see that. He wanted me to elaborate that he was thinking of a 440 Motion, rather than an appeal. Does that make much difference? But either way, yes we agree. We've got it all planned out about when we'll start applying to colleges and jobs etc. And we're moving out of state with my family and that's the best way he'll be able to start his new life; our new life. His family is where most of the negative influence came from so it'll be good for him to get out and do something for himself for once. Thank you again for the input. I appreciate it.

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