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Sentence Reduction

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J

jmelr

Guest
State of Georgia
My nephew was the driver in an automobile accident resulting in the death of his friend, a passenger. There was no alcohol involved, but blood test showed levels of valium & marijuana. The valium was taken 3 days prior to the accident, and the marijuana was smoked on the morning of the accident, at least 12 hours later. He drove almost a hundred miles before falling asleep at the wheel, veering off the road and hitting a tree. (incidently both passengers fell asleep also) The vehicle burst into flames and his friend died. This was his first offense. He pled nolo contendere to a First degree vehicular homicide with one count dui. The intent was to do a plea bargain and possibly serve 2 years max in an alternating bootcamp & rehab setting. The family of the deceased would not accept the plea and it went to trial, (no jury)but he did not change his plea. The judge stated it was not your typical dui/vehicular homicide and that it looked like he simply fell asleep at the wheel. But then he sentenced him to 10 years to serve 6. The attorney told us he would probably end up doing only 2 years, so his family opted not to appeal. Then when we got the TPM several months later, it was for 5 years & 5 months. We then found out that in Georgia, this crime is considered violent and falls in the mandatory 90% minimum, requiring him to serve 90% of his time before being eligible for parole. We appealed it with the Parole board, but it was upheld. The parole board told us the only way to change his time was basically if the sentencing judge did not realize that it would fall into this 90% minimum requirement. We wrote the judge, and he stated he "pays no attention to Parole guidelines when sentencing because they are subject to change and what is true today may not be true tomorrow". We have written all state officials, but have just been told they could do nothing. One state senator did tell us that the sentence could be reviewed in the court it was heard in or we could also try the parole board. We have been unable to get the defending attorney to help us in a sentence review or even return a phone call. I have emailed the court contact person regarding a sentence review, and he only referred me to the Georgia Bar website. My nephew has served 2 years now, and we feel this is more than enough time. I have throughly researched all the inmates currently serving time for a first offense of the exact same crime in Georgia, and have found sentences ranging as low as one year all the way up to six years. I also found one inmate with a first offense of five felonies and 3 misdemeanors including VEHICULAR HOMICIDE and dui, and their sentence and TPM is exactly the same as my nephew. This hardly seems fair. Can anything be done to lessen his sentence after two years? And if so, how and where does one begin.
 


L

lawrat

Guest
wow. okay i am playing devil's advocate here for a second or two: 5 years huh? well the person who died can no longer feel, hear, taste, touch.


so that out of the way: HE DID take valium and POT.


that out of the way: you need a constitutional law attorney. if you have exhausted the bar association, i would say you have two other options:

the american bar association or a local ABA approved law school


____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 

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