Skip to main content

How to get two charges ran concurrent that are consecutive? Served 12 of the 13. Then has to do 6 to 8. No evidence.

Columbia, NC |

He was with three other teenagers when the incident happened. My fiance never got out of the car. He stayed in the back seat because the door had to be opened from the outside. His other friends were approached by a large of guys and the guys became aggressive. One of the guys opened the door and grabbed my fiancee out of the car...were jumped by over 15 guys at a high school dance 13 years ago. In defense to get away two boys that jumped them were stabbed...one died and the other occurred injuries. They never had any evidence. They interrogated them so long that my fiancee said he did it, thinking they would atleast consider the facts of self defence. They didn't. He was charged with 1st degree murder and AWDWIKIBI. He took the plea for 2nd degree. He has 0 aggrivation for his record.

+ Read More

Attorney answers 2

Posted

There is evidence. There is a confession. There is someone dead.

Unless the sentence was illegal, the only one likely to be able to change it is the judge who made it. Your fiance needs to talk with an Appellate Criminal Defense Lawyer in NC fast. The time to change such a sentence expires. If he's been in for 12 years, the time may have already passed.

Confidential information should not be disclosed in this Internet forum. This answer is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice over the Internet. This is a general statement about law, not advice.

Asker

Posted

The only evidence they have is his confession...they never found the weapon, he doesn't have blood on his hands or clothing, and the person they identified was wearing a yellow coat. HE had on a black coat. They never used the witnesses or that would have cleared him.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

You should consider contacting your local innocence project.

Asker

Posted

Will they be able to help even though he gave a false confession? if I can fin out who the witnesses were from the police report, could I file a writ of habeaus or maybe a motion of resentencing. He only saw his lawyer one time at the beginning but no more after that. It took 340 days for the case to come up. he does feel he wasn't represeted appropriately.

Asker

Posted

Will they be able to help even though he gave a false confession? if I can fin out who the witnesses were from the police report, could I file a writ of habeaus or maybe a motion of resentencing. He only saw his lawyer one time at the beginning but no more after that. It took 340 days for the case to come up. he does feel he wasn't represeted appropriately.

Asker

Posted

Will they be able to help even though he gave a false confession? if I can fin out who the witnesses were from the police report, could I file a writ of habeaus or maybe a motion of resentencing. He only saw his lawyer one time at the beginning but no more after that. It took 340 days for the case to come up. he does feel he wasn't represeted appropriately.

Asker

Posted

Will they be able to help even though he gave a false confession? if I can fin out who the witnesses were from the police report, could I file a writ of habeaus or maybe a motion of resentencing. He only saw his lawyer one time at the beginning but no more after that. It took 340 days for the case to come up. he does feel he wasn't represeted appropriately.

Asker

Posted

Will they be able to help even though he gave a false confession? I'm in the process of finding out who the witnesses were from the police report, could I file a writ of habeaus or maybe a motion of resentencing. He only saw his lawyer one time at the beginning but no more after that. It took 340 days for the case to come up. he does feel he wasn't represented appropriately. I also read something about a motion to review case. I may be saying it wrong but I'm trying everything that I can. I am going to take you advice about the innocence program. We have a post conviction lawyer who agreed to review the case. Just need to understand what can really be done.

Asker

Posted

Will they be able to help even though he gave a false confession? I'm in the process of finding out who the witnesses were from the police report, could I file a writ of habeaus or maybe a motion of resentencing. He only saw his lawyer one time at the beginning but no more after that. It took 340 days for the case to come up. he does feel he wasn't represented appropriately. I also read something about a motion to review case. I may be saying it wrong but I'm trying everything that I can. I am going to take you advice about the innocence program. We have a post conviction lawyer who agreed to review the case. Just need to understand what can really be done.

Asker

Posted

Will they be able to help even though he gave a false confession? I'm in the process of finding out who the witnesses were from the police report, could I file a writ of habeaus or maybe a motion of resentencing. He only saw his lawyer one time at the beginning but no more after that. It took 340 days for the case to come up. he does feel he wasn't represented appropriately. I also read something about a motion to review case. I may be saying it wrong but I'm trying everything that I can. I am going to take you advice about the innocence program. We have a post conviction lawyer who agreed to review the case. Just need to understand what can really be done.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

Ask the post-conviction lawyer. False confessions is one of the priorities of the innocence projects.

Asker

Posted

One more question and I think I will know what we need to do. He was sentenced under G.S. 15A-1340. 14 and 17 prior record level 0. After looking this information up, I see that he could have gotten 73 to 98 I believe but he recieved a total of 621 months for both charges. How is this determined and what are some reasons why they would give him so much time?

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

I don't know what any of this means. You need a GA lawyer.

Asker

Posted

Question...the guy who survived is locked up in Federal Prison, if I visit him and get him to write a statement satisfying my fiancee innocence, will that be enough or will it be benign?

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

It won't hurt. Contact the innocence project.

Asker

Posted

I did...they don't handle self defense.

Asker

Posted

I did...they said because he was there at the time of the incident they wouldn't be able to help.

Asker

Posted

I did...they said because he was there at the time of the incident they wouldn't be able to help.

Asker

Posted

I did...they said because he was there at the time of the incident they wouldn't be able to help.

Asker

Posted

I did...they said because he was there at the time of the incident they wouldn't be able to help.

Posted

Sorry to say that there is plenty of evidence to convict. Convictions on false confessions are surprisingly common. Because he pled guilty, he gave up a lot of his appellate rights. Had he gone to trial, he would've preserved those rights. North Carolina has an actual innocence commission (google it) and that may be his best option. It's unlikely for a Motion for Appropriate Relief to be successfull unless there was prosecutorial misconduct or his representation was so inept that he has an Ineffective Assistance of Counsel claim.

There is also no formal way to change the sentence from box car to concurrent.

<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer