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    tsmith14's Avatar
    tsmith14 Posts: 1, Reputation: 1
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    #1

    Dec 19, 2009, 11:28 AM
    My husband got 75yrs howdoes the appeal work for a time cut
    My husband recently got sentenced to 75yrs for poss. Of certain chem w/int to mfg. He has never had the opportunity for rehabilitation and was portrayed as a mfg of drugs. He is not, he is an addict. There were 5 of us in that apt. that day yet the DA choose to put it all on my husband because of his prior drug convictions that showed he is just a user. He is on appeal but has mentioned me going to speak with the judge at his trial for a time-cut? What does this mean? I am a co-defendant as well.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Dec 19, 2009, 11:36 AM

    Not knowing all the pertinent details of this case it's almost impossible to answer you. And since you are a co-defendant you asking the Judge for a reduction in his sentence means that you will have to point the finger at someone else. His appeal would involve finding judicial error in his trial. The sentencing phase is something entirely different. He can appeal his sentence, sure, but the Judge doesn't have to reduce anything if he so rules.

    You said "certain chemicals" sounds like everyone was cooking meth to me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 19, 2009, 03:31 PM

    If the DA is willing to make a deal for you or him or someone to testify against larger drug dealers are common.

    So if he is just a 'user" I am sure they will make a deal if he can give up some of the larger real "dealers"

    But the trial and his sentence is two different things

    So, you said he just got sentenced

    So that means the trial is over and he is sentenced.

    And it also means that the pre sentence investigation is over

    And even the hearing on sentencing ( where you should or could have testifyied ) is over.

    At this point there is NOTHING you or anyone can do about the sentence.

    The only thing that can be done is an appeal either to the verdict or the sentence as being incorrect to the crime.

    So at this point I would say you need to find a new boyfriend ( or dealer) and move on with your life

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