Q: Need attorney for my brother that's been in prison for 10 yrs on armed robbery. He was sentenced to 20 yrs.
He was basically railroaded. He was a teenager when he was taken away. At first he had an court appointed attorney but we hired an attorney and the court would not allow my brother his attorney but rather the courts attorney. The attorney told my brother who was at the time a teenager that the only thing was best for him was an open plea. He got an bad deal. We need an honest and serious lawyer that can get my brother back in court so he can get the sentence reduced or something. He's been incarcerated for 10 years for something he did not do.
A:
I'd be curious to know the court's logic in denying him a retained attorney. Typically, a court will only do that if there has been multiple continuances granted in a case. I'd also be curious to know the level of evidence that there was to justify your brother entering an open plea.
The laws in Mississippi say that anyone convicted for a crime of violence is not eligible for any sort of earned time, early release, etc. That being said, if there is additional evidence discovered after the fact that would show that he is innocent, then there may be an opening to have the judge reopen his case in the hopes of releasing him. Otherwise, it is a very uphill battle, as the standard to reduce to review the sentence is very high.
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