05/29/13, 12:12 am
My husband is in his 11th year of a 25 year sentence. He was charged with forcible rape because he took a plea to avoid being charged with aggravated rape. I was the "victim" in his case. I was 11 and he was 33. We are now married and I want to help him! He fully thinks he deserves to do his time but is there anyway we could go about getting his sentence reduced? We would like to get his time reduced to 15 years. How would we go about that and what would our chances be of getting something done? His lawyer is no help!
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United States   |   Louisiana  |  Criminal Law
Cost: Free


Donald Hyatt Says:

Sep 06,2013 1:40 PM

The trial court judge cannot help you because he or she was divested of jurisdiction after sentencing and any motion for new trial. His sentence is within the statutory sentencing range and the reduction you are seeking is well below what he is eligible for with good time. Because he pled and the sentence is, on its face, legal, there is almost certainly no appeal or post conviction relief opportunity to reduce the sentence. At least two years of a forcible rape sentence in Louisiana are not subject to probation, parole, or suspension of sentence. The trial judge could have made the entire sentence subject to those limitations, in which case parole is simply not an option. All that would be left is a petition for a commutation of the sentence by the governor. He can certainly request that, but it is likely a long shot given the nature of the crime and your age at the time of commission. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice. Additionally, by providing this general information I am not accepting any representation of the requesting party and I am specifically declining to form an attorney-client relationship with the requesting party unless agreed to later after further consultation and agreement.

Areas of practice listed are are areas of concentration in my practice. I am not board certified in any of the listed areas, and by listing them and describing my practice I am merely describing my experience and the nature of my practice.

Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471

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