My fiance was accepted into a drug program but the judge denied him the program and sentenced him to a year for violation of parole. He caught a knee charge for theft. A misdemeanor which he served 20 days for. The lawyer on that case led him to believe that he was going to the program 100%. That same lawyer even brought him his program acceptance letter. I received a call from the program as well to confirm a bed was to be open for him by 11/22/19 the same day as his 2nd parole violation court. Last minute the judge was replaced with a much harsher one who sentenced him to a year instead mentioning past crimes and violations as justification for her decision. This seems unjust since he already was punished for those past crimes etc. There are other discrepancies but overall his current and past theft crimes all were the same and consisted of theft as a means for obtaining drugs. Hence the need for a drug program is evident, that and a sincere desire to change with professional help will make him better fit to function in society. l propose 6 mo. Jail 6 months rehab should satisfy both parties. How do we proceed? He is at Rikers island with 2 months served thus far.
Reposted to Criminal Defense. An appeal won't be done before the incarceration is completed. Move to vacate sentence; maybe motion will go to original judge. Or try a writ, although sentence is not illegal.
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Mr. Horner is correct. He will most likely be out by the time the appeal is heard. Perhaps a Motion to modify the sentence, although it seems not to be an illegal sentence, so that may be difficult.
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