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Sentencing

Discussion in 'Probation, Parole, Incarceration' started by Mzwill0109, Jun 13, 2018.

  1. Mzwill0109

    Mzwill0109 Law Topic Starter New Member

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    My son was sentenced to 60 years in prison for 13 counts of robbery.. in part of the trial the state used a license plate reader, and now I have seen on the news and read an article saying that they used it against the law.. will this have any bearing on his sentencing?
     
  2. mightymoose

    mightymoose Well-Known Member

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    Not likely.
    What makes you think the plate reader was unlawful? They are pretty common in many areas now.
    I'd be curious to see the article you refer to. Don't get your hopes up about sentencing though.
    He is entitled to an appeal and can pursue that if he wishes, but what's done is done.
     
  3. zddoodah

    zddoodah Well-Known Member

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    What does this mean? Does it mean that the specific use of the reader in your son's case was "against the law"? Or was it more of a general assertion of illegality (and, if the latter, was it a statement that an actual law makes the use illegal or a court has decreed the use of readers to be illegal or was it merely a statement that the author of the article believes they are or may be illegal)? Can you provide a link to the article you read?

    By the way, I did a quick google search and found nothing to indicate that license plate readers are illegal in Missouri (or any other state). One article indicated that there are no laws on the books in Missouri but that "legislation is pending" (whatever that means). That same article indicates that states with laws on the books governing license plate readers do not prohibit their use. In fact, at least one state affirmatively sanctions the use of data from license plate readers in connection with felony cases.

    I'm not sure what "this" refers to. And, since your son already has been sentenced, I'm at a loss to understand how something you saw on the news and read an article could have any impact on sentencing. In any event, an argument that there was some technicality that maybe should have resulted in dismissal of the case or exclusion of evidence has no relevance to sentencing. If your son's lawyer thought there was something to this, he/she should have objected during trial (and maybe that actually did happen), and your son could possibly appeal on that basis.

    If, for some reason, you think your son's lawyer isn't aware of whatever you read, then you can contact the lawyer and discuss whether it can be used in any way.
     

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