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Author Topic: Motion for Sentence Reduction  (Read 14122 times)

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Offline bummed

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Motion for Sentence Reduction
« on: April 26, 2013, 03:32:30 PM »
 :wc13: can my lo motion for sentence from jacksonville where he was sentenced to??? or does someone out here have to initiate??? thx u r so helpful :wc38:

Offline jb78

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Re: Motion for Sentence Reduction
« Reply #1 on: April 26, 2013, 03:52:12 PM »
Motions to reduce sentence are due within 30 days from the initial imposition of sentence.  If he is still within that time frame, he can file a pro se motion in the court in which he was sentenced.

Offline cem31

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Re: Motion for Sentence Reduction
« Reply #2 on: May 01, 2013, 01:34:17 PM »
He can also file a Petition for Post Conviction relief but there are rules and deadlines attached to that also. Best advice is to tell him to talk with someone in the law library or write to the Appellate Defenders Office for the district he was sentenced in (example, Chicagoland are is 1st district). I have found that they are very helpful and informative and will let you know what he can and can't do based on his circumstances.

My l/o was able to file a Late Notice of Appeal bcuz he was able to show that him not filing his initial appeal in the 30 day time limit was not of his own negligence and it was granted (meaning they will hear his appeal), we are currently in the beginning stages of his appeal. Hope this info helps, if I can be of help in any way please let me kno =)

Offline crisndanny12

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Re: Motion for Sentence Reduction
« Reply #3 on: July 01, 2013, 08:25:46 PM »
CEM31 please keep us posted on the progress. We are also going to file a motion for a sentence reduction.

Offline bummed

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Re: Motion for Sentence Reduction
« Reply #4 on: August 03, 2013, 02:57:15 PM »
 :wc13: cem31 my lo also needs help with the post convictiion appeal for sentence reduction... He didnt have time to file within 30 days past the conviction date. our attorney so far is no helping coz he cant find correct director of IDOC saying they were just recently changed. But lo wants to talk to right person and surely the counslor is of no help at all.  My lo is in a non ADA  prison and hving to  put up with long walks to get simple things done by law library... aaargh  would like to help my lo with at least a lawyer getting answers sooner than gf and family inquiring. any help??? desperate want my hunny home sooner...

Offline Forevermah

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Re: Motion for Sentence Reduction
« Reply #5 on: August 03, 2013, 05:20:52 PM »
:wc13: cem31 my lo also needs help with the post convictiion appeal for sentence reduction... He didnt have time to file within 30 days past the conviction date. our attorney so far is no helping coz he cant find correct director of IDOC saying they were just recently changed. But lo wants to talk to right person and surely the counslor is of no help at all.  My lo is in a non ADA  prison and hving to  put up with long walks to get simple things done by law library... aaargh  would like to help my lo with at least a lawyer getting answers sooner than gf and family inquiring. any help??? desperate want my hunny home sooner...

The Director of IDOC is Tony Godinez, he has been in office since 2011:

http://www2.illinois.gov/idoc/aboutus/Pages/director.aspx

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Offline bummed

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Re: Motion for Sentence Reduction
« Reply #6 on: August 04, 2013, 12:17:44 PM »
 :wc14:   CEM 31  got a ?  u mentioned to get a hold of appelate defenders office for district in which lo was convicted in.... do u have address  or phone number to get motion for reduced sentence started for my lo who hadnt had time to file within 30 days past conviction due to his disability. thanks any help would be appreciated ur awesome to share info here.  :wc30: 

Offline cem31

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Re: Motion for Sentence Reduction
« Reply #7 on: August 04, 2013, 02:48:06 PM »
:wc14:   CEM 31  got a ?  u mentioned to get a hold of appelate defenders office for district in which lo was convicted in.... do u have address  or phone number to get motion for reduced sentence started for my lo who hadnt had time to file within 30 days past conviction due to his disability. thanks any help would be appreciated ur awesome to share info here.  :wc30: 

I don't recall the person's name I originally spoke with from the Appellate Defender's office but she was in the Springfield office and I believe she was a supervisor, I will try to get her name for u. Basically after that original 30 days to file an appeal has expired they have a 6 month window to file Late Notice of Appeal as long as they fan show that not filing in the 30 days allowed is not of their own negligence (not their fault, beyond their control, etc.). He needs to file the forms (either yet them thru the law library or file thru lawyer), then it has to be reviewed and approved by the courts. T

The director of IDOC has nothing to do with it if ur lo is filing an appeal, that's a court matter, sentence reduction would be something be would ask for as part of his appeal. Keep in mind that appeals are a tough game, there are a small amount that actually go in the favor of the defendant. I'm not an expert, I just have read alot and know the facts of my fiancee's case and what we have encountered. Your lo can also look into Post Conviction Relief, but again it can go either way. I'm here if u need me, feel free to messge me if u like =) 

Offline bummed

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Re: Motion for Sentence Reduction
« Reply #8 on: August 16, 2013, 08:24:03 PM »
 :wc13:  I had heard somebody post acomment o n help with post conviction relief, but cant find that persons post anymore... do u know process how to file for post conviction relief, what it entails, what to do from here, help by lawyer??? would really appreciate info if it is feasible since my lo would like to get chance to shorten his sentence since he didnt have chance to do it 30 days after conviction (disabled). thanks in advance :wc38: 

Offline Forevermah

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Re: Motion for Sentence Reduction
« Reply #9 on: August 17, 2013, 07:42:46 AM »
:wc13:  I had heard somebody post acomment o n help with post conviction relief, but cant find that persons post anymore... do u know process how to file for post conviction relief, what it entails, what to do from here, help by lawyer??? would really appreciate info if it is feasible since my lo would like to get chance to shorten his sentence since he didnt have chance to do it 30 days after conviction (disabled). thanks in advance :wc38: 

I've moved your post to this topic, where you started asking questions about this.  Please go to these links, where you can read up on filing a Post-Conviction Hearing Act.  Your LO can also go to the law library at the prison he is at, Jacksonville, to reserach this:

http://www.illinois.gov/osad/Publications/DigestbyChapter/CH%2009%20Collateral%20Remedies.pdf


http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=6813
Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”