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Sentence Reduction

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jmakridge

Junior Member
What is the name of your state (only U.S. law)? Georgia

My husband is currently incarerated on a 15 yr 1st offender "alfred plea" with 5yrs to serve in Ga. 6-22-11 will make 1 year since he has been incarcerated. I hired a lawyer & we filed a motion for a sentence reduction. We went to court on April 6 asking for the reduction. The Judge asked to review the D.A.'s file (which the D.A. provided a week later) & our lawyers file. It is now over 6 weeks later & we still have not heard an answer. I have called our lawyer about 4 times since court and he said that the Judge was in court for 2 full weeks, took vacation the next wk, had a death in the family, and just hasn't had a lot of time to work on it as soon as we orginally thought. My lawyer said this particular lawyer is generally pretty good with getting his orders out fairly quick but he has been very busy here lately. He says he is expecting to hear something any day now though. In court, while asking for the reduction, our lawyer said that giving the evidence we have provided, if originally requested by the DA or my husbands previous lawyer(which neither requested) my husband should have been charged if anything with a misdeamnor, not a felony, and could've received 12 mths probation. He explained that apparently my husbands previous lawyer could have done a lot more than what he did and as a result my husband to a plea deal. Our lawyer suggested in court that the Judge review both files and consider reducing his sentence to time served or 12 mths served. My lawyer explained that sentence reductions can be a up hill battle but after he checked into it he said he felt confident that giving the DA's little to no physical evidence (and that fact that they apparently did very little investigation on this case) and our evidence proving my husband was over charged that we could have a good chance. With my lack of knowledge in this area and many questions, I was hoping I could get other expert opinions with experience and/or familiar with sentence modifications/reductions. I know I can ask "my lawyer" since I'm paying him, which I have already done, however, I haven't been able to find much info on the internet relating to my questions and I'm in hopes of getting broader opinions based on experience/knowledge on this subject other than just my lawyers. Some of my questions are: Is it likely that the Judge will give a yes or no answer to time served or 12 mths or will he more likely give his own judgement on what he feels my husband should be reduced to..i.e. 2,3, or 4 years? Also, how will the first offender my husband recieved in his original sentence play in with the reduction (will he keep the 1st offender)? Is it likely that if granted the reduction, will the Judge most likely just reduce the prison time (5 yrs to serve) and keep the 10 yrs probation or exchange prison time to probation time? Will the Judge be likely to just reduce the time or we he be likely to possibly reduce the felony to a misdeamnor and the time as well? I know none of you "know" for certain any of the answers to my questions and would probably need to see the court documents and files to make too many real judgements, but hopefully I can get a better general concept of what I might/might not expect. Sorry for the lengthy post and so many questions. I'll greatly appreciate any guesses or input anyone may have. Thanks!
 


Just Blue

Senior Member
Please give the conviction information.

Be aware that the Attorney is NOT your Attorney, despite the fact you pay the fees.
 

FlyingRon

Senior Member
There's no particular time pressure for the judge. Sentence reductions are not subject to any requirement speedy trial. You'll have to be patient.

It's Alford by the way, not Alfred.
 

jmakridge

Junior Member
Yes I am aware that the attorney is not my attorney but my husbands attorney...I seem to have a habbit at just referring to him as my/our attorney rather than my husbands attorney. Sorry! He took a alfred plea to attempted feticide (a uncommon charge in GA and probably all other states) and false statements. The baby and the girl is fine and had no serious injuries as a result of the "assault". The false statement charge could have been dismissed by my husbands previous attorney if he tried according to his new and current lawyer. He was charged with false statements due to his first statements he claimed to not know the girl, bc he wanted to explain all of this to me (I had know idea about anything at this time), he left from the interview and told me everything right away but never admitting to assualting the victim. He then went volunteeringly back to the police station and told them he did know the girl and etc but did not do the crime and explained his reasoning in delaying his truth. As for the attempted feticide charge, the baby is now almost 3 years old and is perfectly fine as well as the mom (victim) which never suffered any injuries from the asault other than a black eye and a few minor bruises on the face and leg possibly due to her fall. My husbands current lawyer got a court order to release her medical record from the night of the incident. This record should have been the one of the 1st things that the police detectives and/or DA get for their file. To our suprises, neither had it in their files and really only had some witness statements in their files. None of the witnesses said they "thought, knew, saw, believed, or etc" that my husband commited this crime. The medical record was a ob triage that was all of about 4 pages and stated in the nursing and dr's notes "no bruises or abrasions to the abdomen", they did not do an ultrasound, pelvic exam, or anything to monitor or check the status of the baby. They sent her home with a ice pack to apply to her eye and her visit was only about an hour long. No follow up visit to check her status, no orders for bed rest, nothing to assume possible danger to the fetus at all and she was around 4 mths pregnant. The police assumed my husband did this bc her family told them she was saying he was the father of the child and he did not want to lose our relationship if I found out about their affair and it possibly being his child. After the baby was born my husband was ordered to take a DNA test and it came back not to be his child. So no motive there for wanting to possibly abort the baby. Given the facts of the medical record stating no injuries to the adomen, my husband should have never been charged with attempted feticide.
 

Just Blue

Senior Member
Yes I am aware that the attorney is not my attorney but my husbands attorney...I seem to have a habbit at just referring to him as my/our attorney rather than my husbands attorney. Sorry! He took a alfred plea to attempted feticide (a uncommon charge in GA and probably all other states) and false statements. The baby and the girl is fine and had no serious injuries as a result of the "assault". The false statement charge could have been dismissed by my husbands previous attorney if he tried according to his new and current lawyer. He was charged with false statements due to his first statements he claimed to not know the girl, bc he wanted to explain all of this to me (I had know idea about anything at this time), he left from the interview and told me everything right away but never admitting to assualting the victim. He then went volunteeringly back to the police station and told them he did know the girl and etc but did not do the crime and explained his reasoning in delaying his truth. As for the attempted feticide charge, the baby is now almost 3 years old and is perfectly fine as well as the mom (victim) which never suffered any injuries from the asault other than a black eye and a few minor bruises on the face and leg possibly due to her fall. My husbands current lawyer got a court order to release her medical record from the night of the incident. This record should have been the one of the 1st things that the police detectives and/or DA get for their file. To our suprises, neither had it in their files and really only had some witness statements in their files. None of the witnesses said they "thought, knew, saw, believed, or etc" that my husband commited this crime. The medical record was a ob triage that was all of about 4 pages and stated in the nursing and dr's notes "no bruises or abrasions to the abdomen", they did not do an ultrasound, pelvic exam, or anything to monitor or check the status of the baby. They sent her home with a ice pack to apply to her eye and her visit was only about an hour long. No follow up visit to check her status, no orders for bed rest, nothing to assume possible danger to the fetus at all and she was around 4 mths pregnant. The police assumed my husband did this bc her family told them she was saying he was the father of the child and he did not want to lose our relationship if I found out about their affair and it possibly being his child. After the baby was born my husband was ordered to take a DNA test and it came back not to be his child. So no motive there for wanting to possibly abort the baby. Given the facts of the medical record stating no injuries to the adomen, my husband should have never been charged with attempted feticide.
Wow. Just Wow.

Did you even consider your wording before writing?:(:confused:
 

jmakridge

Junior Member
Wow. Just Wow.

Did you even consider your wording before writing?:(:confused:
I'm sorry but I don't understand what you mean by this?:confused:
If I seemed to "ramble" or "throw out" a lot of information that may be confusing to you or not make much sense being you don't know the case, I'm sorry. I was just trying to sum up a long 2-3 years that has a lot of details in a short summary in hopes of giving you a idea of the details of the case.
 
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jmakridge

Junior Member
not a surprise.
I may not be an attorney and know the correct "legal talk", but I'm not an idiot!! If you did not have any answers or an opinion regarding my post, then why would you waist your time and my time replying asking for more info????? It's not like I have a lot of free time to surf the web and come on these sites just asking random questions. Even though you don't care about my situation doesn't mean that it isn't very important to me. This is my life and I take it extremely serious! So why waist my time with your smart ass comments. If you don't have a professional/helpful honest response, then do not reply to peoples post, simple as that! Apparently you find it very amusing to think that you can try to downgrade others because evidently you are very conceded about yourself. If you are an attorney, you should definitely rethink your career choice because obviously this is not a passion of yours and something you take seriously. I came on this website thinking that I could get some professional opinions that may or may not be helpful. Giving that this website is called "free advice-outstanding advice", one might would think that the attorneys and/or "senior members" must really love helping people by giving their honest advice, guidance, opinions, and etc. So sad to find out this was a waist of my time and apparently yours. Thanks for proving to me that these websites are a JOKE....I'll be sure to pass this word of advice on to others!!!!!!!!!!! I'll just stick with the advice and opinions of my hired attorney which I should have done in the first place. I'll be deleting my account now! Oh and Get A Life you sarcastic conceded Bitch that apparently hates their life to be stuck in front of a computer everyday being rude to other people. Wow your life must suck and you probably was just a unattractive nerd that was picked on in high school and it makes you feel good to treat others like you were treated. What a shame people like you. Better watch, Karma is a bitch!!!!!!!!!!!!!!!!! ;)
 

st-kitts

Member
OP:

1.) You should not expect anyone to more sympathetic to your plight, than say, you are to the woman whom your husband beat at a time when he thought she might have been carrying his child.

2.) Your comments to Blue are inexcusable.
 
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