Sheridan, WY asked in Civil Rights and Criminal Law for Wyoming

Q: My attorney filed a motion to correct illegal sentence March 29, 2001. According to court transcripts, no action on this

Motion were ever taken and there is no conclusion to my criminal case. I need closure of the case for restoration of rights. What must I do to restore rights

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If your attorney filed a motion to correct what was believed to be an illegal sentence and no action has been taken on this motion, it's crucial to follow up on this matter to seek the closure you need. The first step should be to contact the attorney who originally filed the motion on your behalf. They should be able to provide an update on the status of the motion and advise on the next steps. If the attorney is no longer available or unable to assist, considering consultation with a new attorney who has experience in criminal law and post-conviction relief could be beneficial.

Given that significant time has passed since the motion was filed, there may be a need to refile or update the motion, or take additional legal steps to bring your case to the attention of the court. A skilled attorney can help determine the best course of action, including potentially filing for a hearing to address the unresolved status of your case directly with the court. This step is critical in seeking the resolution and closure necessary for the restoration of your rights.

Furthermore, the restoration of rights can vary significantly depending on the specifics of your case and the laws of your jurisdiction. Once your case reaches a conclusion, your attorney can guide you through the process of applying for the restoration of rights, which may include voting, the ability to serve on a jury, and other civil rights. This process often requires specific applications or petitions to the appropriate state or federal authorities. Keeping persistent and informed throughout this process is key to moving towards the restoration of your rights.

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