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Old 06-10-2007, 09:04 AM
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Default Petitioning for Sentence Reduction?

My Arkansas PP has written to me about petitioning some Arkansas court for a sentence reduction. Another inmate has shown him some papers filed for other inmates who were able to get sentence reductions with his assistance. The other inmate tells my PP that he can help him also get a sentence reduction. There would be $200 in filing fees and court costs (to be paid by me, I assume).

Can anyone give me some suggestions about how to check something like this out? First, it seems like pie-in-the-sky. If all an inmate had to do would be to file some papers to get a sentence cut, everyone would be doing it. Second, I had always understood that courts considere inmates to be paupers and therefore waived filing fees and court costs for them.
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Old 06-10-2007, 01:20 PM
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Default Re: Petitioning for Sentence Reduction?

I've never heard of anything like that. My boyfriend is in a federal prison and he's telling me that we have to get a good lawyer to get his sentence reduced. If you find anything out, though, let me know!
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Old 06-10-2007, 08:21 PM
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Default Re: Petitioning for Sentence Reduction?

I have never heard of getting a sentence reduced except by filing appeal with a judge on a higher court . That cost a good amount of money . not a simple 200 and some papers . sounds like either some one is BSing your PP or he is up to something . Not all states consider inmates indignant and will charge full court fees though .Just to make things difficult for you
If he has a public defender or court appointed attorney they take care of that by filing for a what ever they might to usually it is some sort of hearing .
He might be eligible for parole that is different in each state and does not cost anything you go before a parole board and explain why you should be released and show you have become a better person .
But there are not any some sort of papers and a few hundred in cash you just pay .
Well there is it is called bribery but that is never a good idea .

If any one were to ask me for money, I would simply say things are tight for me right now . If they really are your friend they will not bother you . I would never send any money to any one . You can ask him if he has a attorney to handle it and you might be ale to talk to the attorney if they send you the proper papers allowing the attorney to talk with you .
Remember a attorney cannot discuss anything about a case with you unless they has both the accused and your permission .
In the end if it sounds to good to be true it is . If you are unsure of his attorney you can simply check with they stats he is in bar association they can tell you a good amount . this does sound like a scam sorry to seem harsh but a lot of inmates are themselves scammed and yes some are never going to change .
People do change but many are trapped and any thing that seems like a easy way to get extra cash is very tempting. Inside we would call it playing some one . . Be really careful .

As was said earlier if it was that easy every one incarcerated would bedoing it .

Goodluck and be very careful
ASE


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Last edited by ASE; 06-11-2007 at 09:50 AM.
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Old 06-15-2007, 06:54 PM
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Default Re: Petitioning for Sentence Reduction?

Petitions RARELY accomplish anything, especially in the prison system.

The only way an inmate gets a reduction in sentence is by appeals and/or parole eligibility. In which case, aide from a legal department and/or lawyer would be more beneficial than a petition.

The courts are not concerned with who wants the inmate to be free.

I would not send any funds to anyone.

If it smells fishy, it probably is.
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Old 06-15-2007, 09:16 PM
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Angry Re: Petitioning for Sentence Reduction?

This one smells beyond fishy to me.................................or the biggest fish story I ever heard..................................think he needs to go back to the drawing board ,,
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Old 06-20-2007, 08:53 PM
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Default Re: Petitioning for Sentence Reduction?

Your PP is either receiving or providing false information. Under Arkansas law there is no provision for a reduction of sentence by the trial court once imposed. Pertinent statutory and decisional authority from the case of Ashe v. State, 57 Ark.App. 99 reads as follows:

"A criminal defendant is sentenced when the statutory
authority of a circuit court to reduce a sentence of imprisonment
ends and the constitutional authority of the Governor to grant clemency
begins. Our case law tells us that a defendant is sentenced when
the trial judge enters a judgment and commitment order. Hadley v.
State, 322 Ark. 472, 910 S.W.2d 675 (1995); Pannell v. State,
320 Ark. 250, 895 S.W.2d 911 (1995); Kelly v. Washington, 311 Ark. 73,
843 S.W.2d 797 (1992); Redding v. State, 293 Ark. 411, 738 S.W.2d 410
(1987); Wooten v. State, 32 Ark. App. 194, 799 S.W.2d 555
(1990). A trial court is without jurisdiction to modify a
sentence once it has been put into execution. DeHart v. State,
312 Ark. 323, 325, 849 S.W.2d 497, 499 (1993); Jones v. State,
297 Ark. 485, 763 S.W.2d 81 (1989); Toney v. State, 294 Ark. 473,
743 S.W.2d 816 (1987).

"Once a defendant has been sentenced, any motion for reduction
of the length of the sentence is a request for clemency, Smith v.
State, 262 Ark. 239, 555 S.W.2d 569 (1977), which is reserved to
the Governor, Ark. Const. art. 6 § 18. In Shelton v. State,
44 Ark. App. 156, 160, 870 S.W.2d 398, 400 (1994), we
noted that the Arkansas Supreme Court has been very careful to consider
the separation of powers when reviewing the authority of trial courts
to reduce a defendant's sentence. Because of the power to pardon
held by the Governor, courts have no authority to reduce a
defendant's sentence on the basis that it is unduly harsh. Parker
v. State, 302 Ark. 509, 790 S.W.2d 894 (1990); Coones v. State,
280 Ark. 321, 657 S.W.2d 553 (1983); Rogers v. State, 265 Ark. 945,
582 S.W.2d 7 (1979); Abbott v. State, 256 Ark. 558,
508 S.W.2d 733 (1974)."
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Old 06-20-2007, 09:00 PM
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Default Re: Petitioning for Sentence Reduction?

Quote:
Originally Posted by waiting4him View Post
I've never heard of anything like that. My boyfriend is in a federal prison and he's telling me that we have to get a good lawyer to get his sentence reduced. If you find anything out, though, let me know!
Not necessarily true. Under federal law there are provisions for sentence reductions, one of which being what is known as a Rule 35 motion. Given the right fact pattern, many are successful.
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Old 06-29-2007, 10:48 AM
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Default Re: Petitioning for Sentence Reduction?

Quote:
Originally Posted by staminaK View Post
My Arkansas PP has written to me about petitioning some Arkansas court for a sentence reduction. Another inmate has shown him some papers filed for other inmates who were able to get sentence reductions with his assistance. The other inmate tells my PP that he can help him also get a sentence reduction. There would be $200 in filing fees and court costs (to be paid by me, I assume).

Can anyone give me some suggestions about how to check something like this out? First, it seems like pie-in-the-sky. If all an inmate had to do would be to file some papers to get a sentence cut, everyone would be doing it. Second, I had always understood that courts considerer inmates to be paupers and therefore waived filing fees and court costs for them.
There is a web site called paroleSource it is not being up front . Any one can make up these so called parole packets .

they doask arod 200 fro hier 'srvives /. inthe end it is up to a parole board that outside of TX have srtrict guid lines andcannot ona whim say no .
Prisn litigator is right .
if you want youcan write lettes of support . I have a few examples
most stites want to know
where the person will live
will they be seeking out required services such as mental health help , substance abuse . help it need not Be AA or NA . or if it is their thing say yeah AA . but just go along( I have some serious concerns about AA NA ect )
who they will reside with
the education of both the inmate and the people they reside with .
what resources the people they reside with can ofefr. saying I can fund them is not a good answer .
saying i will help get medical and mental health care is .
If that person is a good role model .
helping them find employment also helping theme adjust to life out side . hey who better than a person who went through it ?

you can look up things foreachstate . by yp[ing in the word parole board state of XX
or release from prison state of XX
thy google or a legal resource the ones listed are good
I know Westlaw is expansive i find it to be very through andbut a big but it does require at least a college education

also learn about members of the a proleboard if you really want to do something dig dig dig do it carefully . knowing if they are deeply religious divorced, have kids education level where they live type of neighborhood is very revealing . empolyemnet as often they are either elected or apointed and hold other jobs that can be a key . even what party theyare registd as . mostare repiblicans

Ill stop there .
but if you know a bit about them you can tailor a letter of support and in some states a lawyer already knows this stuff ,. and a layer can help
be careful they should be criminal defense lawyers with resources at their disposal . Praole only lawyers basically do what you do . You should be able to go to a court and find records. or if y need b e with the inmates permission have them sent to you . those are critical .

u in the end be very careful and if ever you are unsure stop and consult with a CRIMINAL DEFENSE attroney
youcan look the up on this and they are rated

martindale .com

r just remember you get what you pay for .
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Somethings are worth fighting for !

http://www.youtube.com/watch?v=a2Ngn...eature=related


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http://www.youtube.com/watch?v=AgL8qqjOnlg
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