• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Crooked little town any help or ideas?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ScottyLloyd

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

So My fiancé was arrested and charged to serve 365 days in jail for marijuana in a pipe. I think that this punishment is extremely harsh considering the fact that it's her first drug charge ever... and every other single person I have seen in this town get that charge usually gets a year of unsupervised probation and a fine.. I know, that's just my opinion and law says he can charge her that maximum penalty if he wants to... but the thing is... I feel like her public defender didn't even try to do anything for her.. And he gets all chummy with the prosecutor before and after the trial before lunch... and i don't know what to do... she has tried to file for a rule 35 to get a lesser sentence but he lawyer keeps saying he doesn't even think she will get it and doesn't want to try... and if the judge is just picking her out of the crowd to "teach a lesson" I feel as tho there should be a way of getting another weigh in on the punishment handed out... this can't be fair to take away an entire year of a persons life... while felons are walking around in the streets after being arrested with pounds of meth... and the jails are full, there are 18 girls in a pod designed for 12... my fiancé broke her hand, and they won't even give her a wrap for it or nothing, she has fractured her shin and they have waited a week and a half before even getting her a dr to look at it. I need help... and idk what to do...
 


CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? Idaho

So My fiancé was arrested and charged to serve 365 days in jail for marijuana in a pipe. I think that this punishment is extremely harsh considering the fact that it's her first drug charge ever... and every other single person I have seen in this town get that charge usually gets a year of unsupervised probation and a fine.. I know, that's just my opinion and law says he can charge her that maximum penalty if he wants to... but the thing is... I feel like her public defender didn't even try to do anything for her.. And he gets all chummy with the prosecutor before and after the trial before lunch... and i don't know what to do... she has tried to file for a rule 35 to get a lesser sentence but he lawyer keeps saying he doesn't even think she will get it and doesn't want to try... and if the judge is just picking her out of the crowd to "teach a lesson" I feel as tho there should be a way of getting another weigh in on the punishment handed out... this can't be fair to take away an entire year of a persons life... while felons are walking around in the streets after being arrested with pounds of meth... and the jails are full, there are 18 girls in a pod designed for 12... my fiancé broke her hand, and they won't even give her a wrap for it or nothing, she has fractured her shin and they have waited a week and a half before even getting her a dr to look at it. I need help... and idk what to do...
Hire her a different lawyer?

That's about the limit of what you can do.
 

quincy

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

So My fiancé was arrested and charged to serve 365 days in jail for marijuana in a pipe. I think that this punishment is extremely harsh considering the fact that it's her first drug charge ever... and every other single person I have seen in this town get that charge usually gets a year of unsupervised probation and a fine.. I know, that's just my opinion and law says he can charge her that maximum penalty if he wants to... but the thing is... I feel like her public defender didn't even try to do anything for her.. And he gets all chummy with the prosecutor before and after the trial before lunch... and i don't know what to do... she has tried to file for a rule 35 to get a lesser sentence but he lawyer keeps saying he doesn't even think she will get it and doesn't want to try... and if the judge is just picking her out of the crowd to "teach a lesson" I feel as tho there should be a way of getting another weigh in on the punishment handed out... this can't be fair to take away an entire year of a persons life... while felons are walking around in the streets after being arrested with pounds of meth... and the jails are full, there are 18 girls in a pod designed for 12... my fiancé broke her hand, and they won't even give her a wrap for it or nothing, she has fractured her shin and they have waited a week and a half before even getting her a dr to look at it. I need help... and idk what to do...
What happens to others who are charged with a crime really has no bearing on what will happen to you if you commit a crime. Every single case is different and it will be these differences that will determine the outcome.

Rarely would a harsher sentence in a misdemeanor marijuana possession case be the sole result of poor attorney service. There is the judge, the prosecutor, the facts of the offense, the history and attitude of the offender ...

That said, your fiancee can have another attorney review the sentencing to see if the public defender failed to represent her properly.

Here is a link to the Idaho marijuana laws:http://norml.org/laws/item/Idaho-penalties
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top