Q: Does an inmate need a lawyer to get a one year case review in front of a judge?
My boyfriend was given a 13 year sentence over a year ago. Since being incarcerated the laws have changed and 2 of his charges are now misdemeanors and the other 2 carry a max sentence of 10 years. What does he need to do to get a one year case review in front of a judge? Is there anyway to get his sentence reduced since the max is only 10 years now and he was given 13 years? He has not been in any trouble at all since he’s been locked up, he is at level 4 minimum security and has received outstanding ratings on all of his 120 day reviews. There are no programs available for him to do until he is down to 1200 days on his sentence so he can’t enroll in anything to help reduce his time. What should we do to see about commutation or sentence reduction for him? Will a judge possibly reduce his sentence since things have changed since he was sentenced?
A:
If he is going to seek a judicial sentence modification, I strongly recommend he do so with the assistance of an attorney. While he does not have to have an attorney to file the motion, having an attorney will increase the chances of the motion being taken seriously and increase the odds that the court will grant it.
For the sentences of crimes that have been reclassified as misdemeanors, he likely qualifies for commutation relief under a law that took effect last year. With regards to the other crimes that you reference where the range of punishment was reduced but the crimes were not reclassified as misdemeanors, the new law referenced above will not help. I recommend that he hire an attorney to develop a strategy and to file the appropriate applications/motions that fit that strategy.
Brian Boeheim agrees with this answer
A: Commutation is his best bet. As David said, hire an attorney that does commutations, or if you are in Tulsa you can call the Public Defenders Office. They had a team of people working on them, but I don't know how long a waiting list that would be.
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