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    jeffreyhavelow's Avatar
    jeffreyhavelow Posts: 2, Reputation: 1
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    #1

    Mar 10, 2011, 09:51 AM
    Reduction of charges when other states guideline are different
    Sentence to 10 year on drug charge an have done 3 yrs,can they go to court in the state they transferrred to an get a reduction.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 10, 2011, 10:29 AM

    The convict was "transfered" to another state? What do you mean? The sentencing state is having the prisoner incarcerated in another state? No, that doesn't effect the sentence.
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #3

    Mar 22, 2011, 08:27 PM
    Hi Jeff,

    I think we need more information and a little clearer idea of what the facts are. What is the jurisdiction (Federal or State, if so which one)?

    Are we talking about incarceration or probation?

    As a general rule, you can appeal the sentence, but there are strict statute of limitation restrictions and procedural requirements to do that (all jurisdiction specific).
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 24, 2011, 03:30 AM

    Hello j:

    You MUST be talking about probation or parole. States don't transfer convicts. Your sentence is based on the laws of the state where you were convicted, and it won't change.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 24, 2011, 04:20 AM

    Agree with excon, if this was Federal Court, then Federal laws apply not state.

    If you were convicted in state court, only the supervision of your parole is transferred not the courts jurisdictioin, any appeal or any other change in sentence still goes to the state where the court action was done.

    So no, the new state laws do not apply if you transfer.
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