My significant other just got sentence to 12 years. Is there any way we can get his sentence reduced?
El Paso, TX |
its dealing with two separate cps cases but the children are fine healthy now. and he did cooperate with cps with parenting classes and counseling the first time but the second time he didn't have the funds to do so
The CPS case is irrelevant to the criminal charge. The criminal charge may be the result of a CPS investigation but otherwise I will answer the question as a criminal case.
Again, this question should be asked as a criminal defense question. I practice criminal defense as well as family and DWI law so I'll give this question due attention from the criminal bar.
There are several ways to get a sentence reduced. The most used method is for a writ of habeas corpus to be filed. This writ is a powerful filing because it asks the Court to take into account various factors that may be wrong with the sentence, for example:
1. A plea to the court that was based on the defendant not agreeing voluntarily, intelligently, or knowingly. In short, the defendant didnt want to plea but chose to due to pressure.
2. There was a mistake in the trial leading to a jury verdict in the punishment phase of an improper sentence and the judge didn't catch the issue. This can be by appeal or through a writ of habeas corpus.
3. The State withheld evidence (Brady) leading to an improper sentence or conviction. This can be by appeal or through a writ of habeas corpus.
4. New evidence of defendants innocence comes forward. This may be addressed through a writ of habeas corpus.
5. Another person steps up and admits they were at fault in the event that led to defendants sentence. This can be done by writ of habeas corpus.
6. If the new evidence or information arises before 30 days has expired of the plea date or trial finishing and sentence pronounced a motion for new trial may be filed. This gives the trial court an opportunity to correct the issue.
There are many ways to accomplish a reduction in sentence. If no extraordinary relief is available like mentioned above then another way to reduce sentence is for the defendant to work hard in prison to earn early release by becoming a trustee, going to school, and working in prison.
You really need to get an attorney. If he is innocent contact an innocent project to look into his case.
I hope I helped. Good luck.
Michael J. Crawford is a Criminal and Family Law Attorney located in Corsicana, Texas. He practices throughout the State of Texas and focusing on the Dallas/Fort Worth Metroplex including: Navarro, Ellis, Dallas, Hill, Tarrant, Johnson, McClennan, Freestone, Henderson, and Kaufman Counties. Answering a Question on AVVO does not create an attorney client relationship. If you have a legal problem please contact an attorney directly and do not rely solely on information received through an answer to a question on AVVO. My contact information is firstname.lastname@example.org or (903) 875-8500.
There is not enough information to give you a definitive response. I recommend that you consult with an attorney about the specifics of your significant other's case so that you will know how to best proceed. Good luck to you!
Answering this question does not create an attorney-client relationship. You should seek a full consultation with a licensed attorney before relying on any advice offered through this website
He didn't get sentenced to 12 years on a CPS case. He may have been sentenced to 12 years for a felony offense that was connected with a CPS case, but that's a little different. It's completely irrelevant to whether he was guilty of the felony whether he participated in his family service plan. It's very difficult and usually impossible to get a sentence reduced once it's been assessed, but I'd suggest contacting his criminal defense attorney to discuss that issue.