New law

[Concernedwife26]

WhatMy husband was convicted in 2014 of second degree battery. His original sentence was 5 years which is the max for that particular charge. His previous drug charges were used against him therefore he was setenced to life without parole. New Lousiana law just recently passed states defendants previous convictions can not be used against them, is there anything we can do to get him released? Please help is the name of your state?

 

[justalayman]

Can you cite the specific law? Some laws are written to be retroactive. If that was so in this case you would need to bring the situstion to the court’s attention seeking a new sentencing.

If the law isn’t autimatically retroactive you would need to argue in court it should be applied retroactively. Sometimes that is a common sense argument that is accepted. Sometimes it isn’t.

In any case he would benefit from the services of an attorney.

 

[quincy]

Your husband will want to speak to his attorney.

 

[quincy]

Here is a link to an explanation of the new law:

http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/03/louisianas-2017-criminal-justice-reforms#4-comprehensive-legislative-refo

 

[Concernedwife26]

Well there were several new laws passed, however, the one that fits this situation is called "cleansing period" meaning prosecutors can not use prior convictions against a defendant. I will post a screen shot if I need to. I'm just trying to figure out if this will help him in any way

 

[Concernedwife26]

Here is a link to an explanation of the new law: http://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2018/03/louisianas-2017-criminal-justice-reforms

It says page not found

 

[quincy]

It says page not found

Sorry about the link. It is now fixed.

But the bottom line will be that your husband will need to consult with his lawyer. If your husband has served 65% of his sentence (for first offense), he can be eligible for early parole.

 

[Concernedwife26]

Okay. Thank you! I just wasnt sure if that new law fit his situation and I'm only 26 so I'm just trying to get help figuring this out before I start paying for attorney. My husband said because of the law it will work in his favor but I will get with his attorney on this one

 

[quincy]

The new law could benefit your husband by reducing his sentence. His attorney will be able to let him know if and how the law will apply to the specifics of your husband's case.

Good luck.

 

[Concernedwife26]

Thank you so much. We need all the luck and prayer

 

[quincy]

Louisiana took some major steps by reforming a criminal system which had been badly in need of reform. I applaud your Governor and all involved for their efforts and accomplishment.

We appreciate the thanks, Concernedwife. Good luck.

 

[Concernedwife26]

Lousiana has the highest incarceration rate. The laws were so trouble. Giving away life sentences for petty charges. I'm thankful things have changed. Again thank you for your response.

 

[quincy]

Lousiana has the highest incarceration rate. The laws were so trouble. Giving away life sentences for petty charges. I'm thankful things have changed. Again thank you for your response.

Louisiana definitely was tough on those who committed even minor crimes. The changes in the sentencing laws were needed.

Thanks for the thanks. Good luck.