Families of Prisoners Support Group
This community is dedicated to families that have been disrupted by prison. Having a loved one incarcerated or having been incarcerated comes with its own unique challenges that require support and understanding. Join the group to find others who know what you're going through, and to seek advice or share your experience.
Last Dec. I borrowed money against my car so I could hire an attorney to file a motion for sentence reduction for my daughter. I paid this man $3000. Since she is already incarcerated I did not want to risk going with the public defender. For those new to the system the Supreme Court passed a new law in 2014 known as Drugs -2 or Amendment 728. It applies to federal cases.
I spent a year nagging this attorney to file on her behalf after I paid him. The week before Christmas he mailed my daughter a letter that says her sentencing judge denied her reduction. It was denied because she accepted a downward departure. This is a plea agreement. She pleaded guilty in exchange for some of her charges being dropped. Accepting the deal prevented her from receiving 2 years off her sentence. The attorney said he told the judge the new law was not in effect at the time she accepted the deal. The mandatory minimums in federal cases take away hope for inmates and families. I thought this reduction would apply to her since we were told by the PD office she was on the eligible list in 2014.
As if spending Christmas incarcerated isn't bad enough she now has to accept 6 more years incarcerated. It's like being sentenced all over again. She feels guilty I wasted my money too. I should have used the PD in this situation.
Here is a link if you would like to learn more about the Amendment.
http://famm.org/projects/federal/u-s-sentencing-commission/reforming-the-guidelines-for-drug-offenses/
I spent a year nagging this attorney to file on her behalf after I paid him. The week before Christmas he mailed my daughter a letter that says her sentencing judge denied her reduction. It was denied because she accepted a downward departure. This is a plea agreement. She pleaded guilty in exchange for some of her charges being dropped. Accepting the deal prevented her from receiving 2 years off her sentence. The attorney said he told the judge the new law was not in effect at the time she accepted the deal. The mandatory minimums in federal cases take away hope for inmates and families. I thought this reduction would apply to her since we were told by the PD office she was on the eligible list in 2014.
As if spending Christmas incarcerated isn't bad enough she now has to accept 6 more years incarcerated. It's like being sentenced all over again. She feels guilty I wasted my money too. I should have used the PD in this situation.
Here is a link if you would like to learn more about the Amendment.
http://famm.org/projects/federal/u-s-sentencing-commission/reforming-the-guidelines-for-drug-offenses/
My son's attorney was paid thousands, but he really did a great job getting him less time. Years later I called him about my fiance, not able to hire him, as I could not afford him and he doesn't practice in our state. He spent an hour on the phone with me advising me as to what my fiance should do. For free. This is an awesome attorney. Too bad more aren't like that.
Your daughter shouldn't feel guilty you hired the attorney. How were you all to know he would be a low life scum bag
I know how hard it is to have a loved one locked up during the Holidays, this will be our 10th one. Try and stay positive for your daughter and do the best you can. Don't give up hope!!
You are both in my thoughts and prayers.
Hugs,
Pat