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Question regarding reports to judge

deleted_user
deleted_user
Maybe somebody that knows how the federal sentencing works can explain this to me...

After my husband's conviction naturally he was upset and what he told his then lawyer was that he did not want to talk to anybody until he was thrown off the case and a new lawyer assigned. Well, his old lawyer told the U.S. Probation Dept. that Gary didn't want to speak to them at all. Apparently the U.S.P.D. is responsible for filing a report with the judge to help the judge determine if he should sentence him to more than the minimuim time required for the offense based on his personal background, previous offenses, etc.
They are holding things against him like the fact that he comes from divorced parents, and they are holding 2 domestic abuse arrests against him even though he has already served his time for those and paid his fines. I don't see how they can hold those against him especially since this recent conviction has absolutely nothing to do with domestic abuse, it has to do with the destruction of a neighbor's mailbox.
Any advice... I've tried writing the judge but I don't know whether it has helped.
Mamabear59
Mamabear59
Writing to the judge most likely will not help you, they will tell you to get a attorney most likely. Laws are tipically the same accross the states, some are different, try finding a pro-bono if you can't afford a attorney, its a shame, and this is Federal, being that it is a federal case, my thoughts, its going to be harder to beat. Good luck to both of you, and God bless.
Mamabear59
deleted_user
deleted_user
I know exactly the frustion you are feeling. State and Federal do things a litte differenty. Our case was Federal. My husband is serving an extra 33 months for a dui that was commited 20 years ago and he paid his fine and had no jail time. We tried fighting it and he still got the catagory level 2 offense. They do not care. If there is anything on your record the Federal Gvmt holds you liable. His divorced parents should not be held against him for sentencing. Both my husband and I have come from divorced families and they did not use that against us when they sentenced the both of us. Writing the judge will not help. He does not write the PSI report. He just basically looks at the point scale and goes from there for sentencing. Your husband at sentencing should have had the chance to argue his points down. Unless he took a plea and being able to not argue was part of the agreement. That has been my expierence with it anyways. I hope this gives you some in sight and trust me I know the feeling of frustions you are going through. Take Care!
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