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KG311 · Nov 18, 2008, 04:22 PM

Is it possible in the state of GA to get a sentence modification or just let the sentencing committee to look at it. He had a court appointed attorney he never put in for an appeal. All of his sentences are running consecutively even the like sentences. He has a total of 90 years. He was just 21 years old at the time. He was sentenced in 1982. His family didn't have money to hire attorney.

JudyKayTee · Nov 19, 2008, 05:07 AM

Originally Posted by KG311

Is it possible in the state of GA to get a sentence modification or just let the sentencing committe to look at it. He had a court appointed attorney he never put in for an appeal. All of his sentences are running consecutively even the like sentences. He has a total of 90 years. He was just 21 years old at the time. He was sentenced in 1982. His family didn't have money to hire attorney.

What were the charges? Didn't he have some sort of assigned counsel - Public Defender, someone? Did that person file an appeal, ask for modification, do anything?

twinkiedooter · Nov 19, 2008, 05:55 AM

Do you have the money to hire an attorney now to have any sort of paperwork drawn up for a possible modification of sentences?

Fr_Chuck · Nov 19, 2008, 07:22 AM

There are a few ways to get the sentence reviewed, GA is not the most liberal state so it is harder.

Depending on the crime, ** in GA to get 90 years it had to be something serious, for murder they often get 15 and out in 7.

excon · Nov 19, 2008, 07:53 AM

Hello KG:

He needs an attorney NOW. If you can hire one, then do it. If not, there are "jail house" lawyers in the slam with him. He should hire one of those.

excon

JudyKayTee · Nov 19, 2008, 06:23 PM

Originally Posted by excon

Hello KG:

He needs an attorney NOW. If you can hire one, then do it. If not, there are "jail house" lawyers in the slam with him. He should hire one of those.

excon

The Public Defender in your area "should" have a branch which does NOTHING but appeals - if an appeal is possible in this case.

And, again, what were the original charges?

KG311 · Nov 19, 2008, 08:01 PM

Originally Posted by JudyKayTee

The Public Defender in your area "should" have a branch which does NOTHING but appeals - if an appeal is possible in this case.

And, again, what were the original charges?

Assault on a peace officer 20 yrs, assault on a peace officer 20 years, kidnapping 20, armed robbery 20, and aggravated assault 10 all to run consecutively.

There was three other guys with him he was driving. They kidnapped an older man and took his car. One of the other guys with him shot the police officer and it disfigured him. I know is why they gave all of them a stiff sentence. But Mike was 21 at the time, the guy that shot the officer was in his 30 s.

I know he has learned his lesson he is 48 now, I knew him before he went in too.

He said the lawyer never put in for an appeal. Maybe he couldn't appeal the case. He had a public defender. He said he never did anything after the trial. So I thought maybe he could still do this with a writ. It is state court.

excon · Nov 19, 2008, 08:24 PM

Hello again, K:

The particulars of the story don't matter. If he's going to get his case reviewed by ANY court, he NEEDS AN ATTORNEY. Nothing will happen WITHOUT an attorney. He will ROT in there.

excon

KG311 · Nov 20, 2008, 06:02 AM

Originally Posted by excon

Hello again, K:

The particulars of the story don't matter. If he's going to get his case reviewed by ANY court, he NEEDS AN ATTORNEY. Nothing will happen WITHOUT an attorney. He will ROT in there.

excon

Thank you,
I am looking for a second job and I will hire one. Thank you for helping me.

JudyKayTee · Nov 20, 2008, 08:50 AM

Originally Posted by KG311

Thankyou,
I am looking for a second job and I will hire one. Thankyou for helping me.

Why doesn't he qualify for free representation?

KG311 · Nov 20, 2008, 08:54 AM

Originally Posted by JudyKayTee

Why doesn't he qualify for free representation?

I will check into it. Should I go back to the county he was prosecuted in or should I go to the county he is in prison at.

excon · Nov 20, 2008, 09:18 AM

Hello again, K:

It is a RARE public defenders office that would provide free representation for an appeal. According to Gideon v. Wainwright, the state is required to furnish representation at the trial - nothing more.

Appeals are VERY, VERY expensive. I doubt a second job will pay for it... I think you need FREE representation. I think you can find it too, but it's going to take some looking.

There ARE firms who provide their services pro-bono (free). You just need to find one. I'd start with the most prestigious law firm in your city. I'd keep going until I found somebody. I think you will.

For starters, contact the Innocence Project. It's run by a lawyer by the name of Barry Scheck. If THEY can't help, they certainly might have a referral for you.

Don't stop. Prison is a terrible place to be warehoused in.

excon

JudyKayTee · Nov 20, 2008, 09:22 AM

Originally Posted by excon

Hello again, K:

It is a RARE public defenders office that would provide free representation for an appeal. According to Gideon v. Wainwright, the state is required to furnish representation at the trial - nothing more.

Appeals are VERY, VERY expensive. I doubt a second job will pay for it.... I think you need FREE representation. I think you can find it too, but it's gonna take some looking.

There ARE firms who provide their services pro-bono (free). You just need to find one. I'd start with the most prestigious law firm in your city. I'd keep going until I found somebody. I think you will.

For starters, contact the Innocence Project. It's run by a lawyer by the name of Barry Scheck. If THEY can't help, they certainly might have a referral for you.

Don't stop. Prison is a terrible place to be warehoused in.

excon

Hmm - my local Bar Association does have a division that does nothing but appeals. Maybe it's not the same in all States. A friend of mine is the lead Attorney and occasionally I do some work for them pro bono. I also do some work occasionally for the ACLU - obviously it's not the same in other places.

KG311 · Nov 20, 2008, 09:56 AM

Originally Posted by excon

Hello again, K:

It is a RARE public defenders office that would provide free representation for an appeal. According to Gideon v. Wainwright, the state is required to furnish representation at the trial - nothing more.

Appeals are VERY, VERY expensive. I doubt a second job will pay for it.... I think you need FREE representation. I think you can find it too, but it's gonna take some looking.

There ARE firms who provide their services pro-bono (free). You just need to find one. I'd start with the most prestigious law firm in your city. I'd keep going until I found somebody. I think you will.

For starters, contact the Innocence Project. It's run by a lawyer by the name of Barry Scheck. If THEY can't help, they certainly might have a referral for you.

Don't stop. Prison is a terrible place to be warehoused in.

excon

I have looked some in pro bono sites in Ga and most of them are for death sentences. But there are a lot of guys in the GA system that have long sentences that need help in there. The law libraries in the prisons are out of date. These guys are just forgotten about. Maybe some of them need to be forgotten about. But I think some of them deserve a second chance.

I will check into the name you gave me. Thank you for helping me.

excon · Nov 20, 2008, 10:10 AM

Hello again, K:

90 years IS a death sentence. Don't stop. I'd visit some law firms PERSONALLY. It makes a BIG difference when they're looking you in the eye.

He's lucky to have someone like you on the outside.

excon

KG311 · Nov 20, 2008, 10:36 AM

Originally Posted by JudyKayTee

Hmm - my local Bar Association does have a division that does nothing but appeals. Maybe it's not the same in all States. A friend of mine is the lead Attorney and occasionally I do some work for them pro bono. I also do some work occasionally for the ACLU - obviously it's not the same in other places.

So I need to check with my local bar and check to see who does pro-bono work in criminal appeals. Or check the county he is in.

JudyKayTee · Nov 20, 2008, 10:39 AM

Originally Posted by KG311

So I need to check with my local bar and check to see who does pro-bono work in criminal appeals. Or check the county he is in.

I would check with the Bar Association - ask about pro bono AND free legal services for appeals in the event (and obviously the representation is not available in every State) there is such a "division" in your State/County.

And good luck - as excon said, not everyone has someone on the outside trying this hard on their behalf.

KG311 · Nov 20, 2008, 10:49 AM

Originally Posted by JudyKayTee

I would check with the Bar Association - ask about pro bono AND free legal services for appeals in the event (and obviously the representation is not available in every State) there is such a "division" in your State/County.

And good luck - as excon said, not everyone has someone on the outside trying this hard on their behalf.

I will try. He was my first boyfriend. His parents are both dead. His only sister and brother died within 6 days of each other. And he is starving to death down there.

KG311 · Nov 20, 2008, 10:52 AM

Originally Posted by KG311

I will try. He was my first boyfriend. His parents are both dead. His only sister and brother died within 6 days of each other. And he is starving to death down there.

And thank you Judge, yawl are great!

emery · Nov 20, 2008, 12:26 PM

This is certainly a sad but interesting situation. Please let us know what happens.