Shoplifting, Larceny, Robbery, Theft First Time Offender Act

Discussion in 'Criminal Charges' started by aubjones1, Aug 27, 2009.

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  1. aubjones1

    aubjones1 New Member

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    My husband is in federal prison he is a first time offender he was convicted of a non-violent victimless crime, yet he has a ten year sentence in federal prison. Does he qualify for the first time offender act? As I previously stated he has never been convicted of a crime before, never been to prison. What do i need to do.
     
  2. raskalnikov

    raskalnikov New Member

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    Where are you?

    What was the "victimless" crime?
     
  3. aubjones1

    aubjones1 New Member

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    possesion, it happened in texas, but he is currently in louisiana fbop
     
  4. meche94

    meche94 New Member

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    Post Conviction Relief Act, First Offender Act, and First Offender Waiver

    As was asked by the woman, I too have a similar situation; my younger brother ("Sam" for his safety) was arrested on May 31, 2002 around 4:30 pm for armed robbery and 1st degree murder in Baton Rouge, Louisiana (East Baton Rouge Parish). At the time he was seventeen, and the crime was committed with a multiple offender who was age 20 or 21 at the time. Because the weapon was never recovered, both were charged; the other young man turned states evidence against my brother so as to be able to accept a life sentence and avoid the death penalty. Under the advice of a Public Defender, Sam plead guilty with a plea bargain accepting a life sentence. Through some changes in the law, Sam's sentence was reduced to 99 years because he was a minor at the time of the crime. He is currently serving out his sentence as an inmate at the LSP in Angola, LA.

    Their is a Post Conviction Relief Act which Sam mentioned that should allow his case to be reviewed in order to possibly reduce his sentence. Sam believes he was coerced by the P.D. in accepting the plea deal and that the case was rushed to closure without proper investigation and due diligence action on the part of the attorney. Sam readily admits that he did participate in the robbery, but that he did not kill the victim; Sam was a troubled child and was on Ridlin and other ADHD meds prior to but not at the time of the crime.

    What process or procedure can he or our father follow (since Sam is incarcerated) to re-establish Sam's rights and reopen the case for review, reduction or dismissal of sentence for time served, and the possibility of record expunging after court assigned period of time on supervised/unsupervised parole?

    Respectfully,
    meche94
     
  5. aubjones1

    aubjones1 New Member

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    i researched some more and i believe i need to consult with a lawyer because there are cases being retried due to this law and some have actually gotten out
     
  6. jharris352

    jharris352 New Member

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    First offender status is something you have to claim BEFORE the conviction. It is something that the prosecution and the Judge have a say so in. I doubt you can reverse engineer it now. Ten years is a long federal sentence. I'm sorry.
     
  7. guestposter

    guestposter New Member

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    I have 3 charges felony I have never been in trouble can I get a first offender they are trying to give me 20 years
     
  8. krystalneal10

    krystalneal10 New Member

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    I have a question I live Pennsylvania 1time offender for medical fraud I will like to know will I have to sever time or pay money bk.. its like mayb$ 500 at the most
     
  9. krystalneal10

    krystalneal10 New Member

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    I have a question I live Pennsylvania 1time offender for medical fraud I will like to know will I have to sever time or pay money bk.. its like mayb$ 500 at the most
     
  10. Betty3

    Betty3 Super Moderator

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    You only needed to post your question once. Also, you probably should have started your own new thread with your question - you added your question to another poster's old thread.

    You might want to read the following link - seems depends on charge & each county has own eligibility requirements. You probably need to talk to an attorney.

    http://www.phila-criminal-lawyer.com/DUI-DWI/First-Time-Offenders-ARD-Option.shtml
     
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