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Will writing a letter to my wife's judge help, and is there anything that can be done to reduce her time in prison?
Anonymous5 views2 answers
my wife was in mental health court in Wayne county for possession of cocaine and larceny in a building that she got while on parole. they put her in the mental health court to keep her out of prison. she was doing good then her parole officer found out she had a dirty hair test positive for cocaine and they put her in county jail. she was sentenced to rehab on tether but they couldnt keep her and let her go and told her to come back to court the next day. she got scared and cut the tether off cause she wasnt thinking right due to her not having her medication and being pregnant and drove to her mother's house in Arizona. when they called and said they were looking for her we drove back to Michigan and they picked her up and judge Kenny sentenced her to 1-4 years in prison after kicking her out of the mental health program in Wayne country. she began her sentence in later November of 2012 and her earliest release date is late November of 2013. will writing the judge a letter help and is there anything legally that can be done, she had our son in prison on January 24th and her kids need her very badly as do i.
Writing a letter, at this point, to the sentencing Judge would be fruitless. He lost jurisdiction at the time he sentenced her to prison. She can attempt to filed a delayed application for leave to appeal - however, even if the appeal was allowed to proceed the resolution of the appeal may take years. If there are not adequate grounds to reverse, the conviction and/or sentence will stand. She could also file a motion for relief from judgment, however this will fail unless a great legal argument can be made to Judge Kenny that he accepts. She could request the MDOC SAI Boot Camp, however she is probably not eligible to participate based upon her mental health issues and prior criminal history.
The best you can do at this point is to encourage your wife to follow the rules in prison and engage in any classes or counseling that she can while in prison to increase her chances of parole.
John E. MeltonCriminal Defense AttorneyMarlette, MI ·
I agree with Mr. Hilf. The time to write letters to a judge is BEFORE sentencing. You can have an attorney review the case for a motion to re-sentence, but the chances are slight. Also, the time has past for her to appeal her sentence without leave of the Court of Appeals. Getting leave to appeal once the period for an appeal of right has past is almost impossible. Nonetheless, have an attorney review the file.
