A buddy of mine was sentenced to 5 years imprisonment/1 year executed, 5 years probation in CT. I do not know the particulars, but my understanding is that he was offered the five year probation if he plead guilty or no contest to a modified charge.
Recently his lawyer called him up to say "oops, the prosecution wasn't supposed to offer that and neither he, I, nor the judge noticed - you'll be going to court soon to be re-sentenced for 10 years probation."
He has talked to his probation officer and another friend has talked to his lawyer and they both say "there is no fight; you [he] will receive the new sentence." However, my buddy is wondering if there is any value in:
1) filing a statement at his re-sentencing describing the error so that it is noted on record
or
2) filing a grievance with the state bar
or
3) pursuing legal action once he is out
He is getting advice on the inside (mostly from lifers who have nothing to lose) to file a statement at the re-sentencing and possibly sue when he gets out, but he does not want to make more of a mess of things. His strongest desire is to fly under the radar and come out the other end clean, but he is understandably concerned about what seems to amount to "oops" on the part of his lawyer, the prosecutor, and the sentencing judge.
Should he let it go, or demand justice for an error that adds five years to his punishment?
Many thanks in advance,
J.
Recently his lawyer called him up to say "oops, the prosecution wasn't supposed to offer that and neither he, I, nor the judge noticed - you'll be going to court soon to be re-sentenced for 10 years probation."
He has talked to his probation officer and another friend has talked to his lawyer and they both say "there is no fight; you [he] will receive the new sentence." However, my buddy is wondering if there is any value in:
1) filing a statement at his re-sentencing describing the error so that it is noted on record
or
2) filing a grievance with the state bar
or
3) pursuing legal action once he is out
He is getting advice on the inside (mostly from lifers who have nothing to lose) to file a statement at the re-sentencing and possibly sue when he gets out, but he does not want to make more of a mess of things. His strongest desire is to fly under the radar and come out the other end clean, but he is understandably concerned about what seems to amount to "oops" on the part of his lawyer, the prosecutor, and the sentencing judge.
Should he let it go, or demand justice for an error that adds five years to his punishment?
Many thanks in advance,
J.