how would I go about getting a unjust court sentencing looked at?

Question

my son 1st time in trouble with the law, sentenced to 18yrs in Prison. DA from our town has done much worse than my son ever
thought about. Now it is comming out to the public how crocked the official are in this town. But my sons who youth is being destroyed. No one was hurt or touched in the crime. But because
of the DA being in trouble with his boss (the Attorney General) made a example out of my son. Where as he should have made an example out of ones that had priors in criminal cases, not one
with the first time in trouble with the law. I'm not saying that my son
did'nt deserve to do some time, but not 18yrs. they don't even give
a murder that much time. Please I need help, His sentencing need
to be looked at before his whole youth is gone. The DA is now in the newspaper over and over again from wrong doings on his part.
I don't think it is right that he does'nt have to face charges, any one else would. He is someone we are suppose to be able to look up too. What a joke

Answer 1

Most people believe their sentences are unjust.

An appellate court has jurisdiction to review a sentence for errors made, and for a sentence which is outside the guidelines of the statute. In most states, including mine, if you commit a felony, you are sentenced according to your prior record, and also along a guideline for sentencing. In other words, the legislature decides that the crime of should be punished by between X and Y years, and then allows in that range for previous history, etc.

You did not mention what the crime was, or what state you are in. You also did not mention his attorney.

Your son, if he does not already have one, needs an attorney who specializes in criminal law, specifically appeals. This may cost some money, so you need to be prepared to pay. You also need to realize that the general rule of law for any appellate court is: A sentence which is within the statutory guidelines will not be disturbed on appeal absent a clear abuse of discretion. Without more information, I can't speculate on your chances of success in that regard, but an attorney in your state could.

EDIT: You clarified that he robbed a strawberry stand. Well, again, the circumstances may have played a part in this as well. Was it an armed robbery? What state are you in, and what was the precise charge? Challenging the prison sentence after 5 years is probably a waste of time and money. The proper avenue for appeal would have been within the first 30 days after sentencing, not 5 years later. The only thing you might want to consider is an application from your governor for clemency..i.e. to commute the sentence to time served. The chances aren't good for that, but are probably about equal to the chances of an appeal 5 years after sentencing.

If you don't know an attorney, contact you local or state bar association for a referral.

Answer 2

An appeal is the only way. Secondlly sounds like your committed a serious crime to get 18yrs. If he broke the law it doesn't matter if he's done it before or not, he broke the law. If your son didn't want to do time in jail, there was an easy way not to, DON'T BREAK THE LAW!!! I'm tired of hearing how someone thinks they got to much time. It's not up to them, you, or me to decide, but the courts. Also the DA does NOT sentence your son, a court does that. The DA can make a recommendation, but ONLY the court decides what to hand down. The DA can say 1yr, but the court could give a 10yr sentence if the law allows it. Obviouslly you'll be hurt not having your son for 18yrs, but your son did the crime and will now do the time. Instead of blaming everyone else focus the blame on the person responsible, your son. It's no one else's fault he's in jail now, only his own.

Answer 3

You file a motion. (an action. Or in your case, an additional action) there you get the facts of the case or submit new evidence. Judging by what you have said here you are confused about the court. It is not an emotion thing. it is a battle of facts. "Your honor my son did not act alone in this-" present the evidence. "my son was at home "punchin his clown at the time of the alleged case" present evidence. do not get a public attorney. They suck. The judge is the referee in the game. The opposing team is the "people" (D.A) so prepare! more info needed? let me know,

Answer 4

The DA does not sentence, only recomends, it is the judge who decides the sentence.

You can appeal the sentence and have it reviewed, I can not promise much hope, if it is a legal sentence according to law.

Answer 5

What exactly did the DA do that affected your son's case?

You may be venting your anger in the wrong direction. If you think he was unfairly sentenced you should appeal the decision.

Answer 6

It obvious your upset. Curious as to what the charge and conviction was? However, your mad at the D.A.. He or she only recommends what they want for punishment. The Judge or jury hands down the time, not the D.A.. Sounds like he had a case since you agree he deserved some time anyway.

Answer 7

you son is entitled to appeal the case.... or file a motion for a re-trial..due to some type of error or injustice.. check with attorney,. 18 yrs is a long time for a first timer who did not committ murder. was it attempted murder ..felonious assault or drug trafficking. has to be one of those... for such a sentence.

Answer 8

You can appeal the sentence in your state's court of appeals if you think that it is excessive.

Talk to a lawyer immediately.

Answer 9

firstly what did your son do?

and you need to lodge an appeal that's the only way to seek a reduction.