He was charged with possesion with intent and conspiracy to commit a crime. He was sentenced to 5 years each a total of 10 yrs and 5 years following parole. 5 of those years were suspended and he is serving 5 years and then getting 5 years on paper. He has no prior felony or misdemeanor offenses. He had 1 job for 5 years. I need to know if a total of 15 years is right for him to be sentenced to in Mississippi? I think he should be able to get out earlier than what they are saying. We have 3 children and it is hard trying to make it by myself. He is a good man that made 1 mistake in his life. Who can I talk to that can get him out and what programs can I go through. He has a job already lined up with the company his dad works for and he has good family support. Please let me know what I can do.
2006-11-26 14:37:06 · 3 answers · asked by jautis02 1 in Politics & Government ➔ Law & Ethics
Caveat: I am not licensed to practice in Mississippi and therefore, this should not be construed as legal advice. For specific advice, you need to consult an attorney in Mississippi.
It appears that he was convicted on both counts, from what you have stated. Different states have different rules relating to sentencing and how it is done. In some states, notably the southern states, the sentence is either left completely up to the discretion of the judge, (within statutory minimums and maximums) or is decided by the jury itsself. For possession with intent to deliver and conspiracy, two five year sentences, to be served concurently, is not out of line with most states. In fact, in some cases, the sentences could be much longer. At the Federal level, for instance, the amount of drugs involved can factor into sentencing, as well as a whole host of other things.
You need to contact an attorney locally who can assist you in evaluating the sentence and can advise you on any recourse. For a referral, contact your local or state bar association.
2006-11-26 17:55:15 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Were the sentences consecutive or concurrent? That means, does the five years count together, or are they separate? With Federal crimes, when two or more offenses are committed during the same crime, it is usually concurrent, so that all Five years count together.
Especially if it is state time, then you need to speak with an attorney, as I am not one.
2006-11-26 22:43:57 · answer #2 · answered by irish_american_psycho 3 · 0⤊ 1⤋
I would hope that the sentences are concurrent and he will be out in about 3. That is crazy. If they are consecutive and he didn't shoot anybody you should appeal for clemency based on the circumstances (1st offense, kids). Check with the local ACLU, generally they are only interested in helping terrorists, child molesters, and Nazis but they might help you.
2006-11-26 23:18:06 · answer #3 · answered by Anonymous · 0⤊ 1⤋