Can I send a letter to a county judge requesting early release for a inmate with misdameanor vop, the state requested 60 days and the judge sentenced 120
2006-07-08 07:45:34 · 7 answers · asked by MARIAN S 1 in Politics & Government ➔ Law & Ethics
You can send a letter to anyone you wish. There's nothing prohibiting you from expressing an opinion or making a recommendation.
2006-07-08 07:48:00 · answer #1 · answered by nothing 6 · 0⤊ 0⤋
Lawyer here, as others suggest the judge may not be able to read your letter and he may or may not have the power to revise the sentence. The proper way is by motion if the judge has the power, if not then a motion is in vain too...you would then need to approach a parole board or seek some form of early release, clemency or other relief, most likely from the the state governor. If it is a new sentence there is even a possibility (remote I suspect) of appealing the sentence to an appeals court. However a four month sentence may likely be served before an appeals court hears the appeal an decides it. Similarly, a governors office may not move too swiftly either.
Another question occurs, are their applicable sentence guidelines? Maybe the judge was obligated to impose the 120 days?
You need to consult with a criminal attorney in your state who will kknow who needs to be approached and what procedure needs to be followed.
2006-07-08 16:09:57 · answer #2 · answered by William E 5 · 0⤊ 0⤋
Obviously, you can send a letter. The real question is "Will the judge be able to read it?"
In some states, once a person is sentenced and the time for appeal has run out, the sentencing judge does not have the power to change a sentence. In other states, where the judge retains the power to change a sentence, you are making a request, which is a MOTION, and you must follow the rules about filing a proper motion in order to get the Judge to consider it.
2006-07-08 15:13:45 · answer #3 · answered by CAPTREE 4 · 0⤊ 0⤋
Yes - You can always write to a judge and many people do. The judge, however, is under no obligation to concur with your request - but he can take it under advisement. The judge has no requirement to even answer your letter (one way or another). Our court system is set up for evidence and petitions to be presented in a court of law. After the case is heard, that is usually the end of it.
2006-07-08 14:52:27 · answer #4 · answered by Coach D. 4 · 0⤊ 0⤋
You can send the letter, but the judge cannot read it, since it is an ex parte communication.
The proper thing to do is to get a lawyer who can file a motion to "revoke and revise" or whatever they call it in your state. That is, revoke the earlier sentence and revise it downward.
2006-07-08 14:53:14 · answer #5 · answered by thylawyer 7 · 0⤊ 0⤋
Sending a letter is legit. I don't know if I would expect any results.
2006-07-08 14:49:59 · answer #6 · answered by hmpdds 2 · 0⤊ 0⤋
Yes,and sometimes it works.
2006-07-14 11:35:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋