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Is there anyway to get charge or sentence reduced?

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Hello, my name is Tanya and I’m emailing you on behalf of my son who is currently incarcerated in Aberdeen Mississippi. He was pulled over while on his way to work in April 2021. He was pulled over because the officer claimed he didn’t see tag sticker. Once tag sticker was located, officer found probable cause to search vehicle. During search, a bottle of pills were located under his seat and my son was placed under arrest for possession of controlled substance. During interrogation, my son cooperated with investigators after being threatened to turn in three people who deals in drug related activities. My son is a loner and tried to do what was right. The investigators threatened my son by telling him if he didn’t turn anyone in that he would be charged with drug trafficking even though he was not in the middle of a sale, he was not over state lines and he was definitely not involved in any criminal enterprise. Before his incarceration, my son cooperated but because it didn’t give any successful conviction, my son was incarcerated into prison for 10 years of his life. After serving his 10 years mandatory prison sentence, he will then begin 5 years post release supervision and 5 years unsupervised. 20 years total in a state prison after doing an open plea for something you never understood. My son is the only one in his prison who had so little (97) pills but is also the one with the most time. He had no idea what the pills contained but upon receiving the discovery package, the pills was said to contain meth and caffeine. Pills didn’t have enough meth to receive charge for drug trafficking. This is also his first felony charge so this is the first time he or anyone in our family has been through anything of this caliber and it seems no one can help us. My son was sentenced in Desoto County Mississippi in Hernando Mississippi in December 8, 2022. He is now currently serving his 10 year sentence in Aberdeen Mississippi at Monroe County Jail. My son is and has always been a hard worker who maintained a stable job for years but fell victim to a vehicular accident where he was injured. That incident led him down the path to addiction. We never expected that a simple possession charge could change into something so big that we can’t do anything about it. My son is sitting in prison as a drug trafficker doing 10 years in prison for 97 pills with other prisoners who was caught with kilos of drugs and they’re only doing 2-3 years. And we’re not understanding why. My son has been rehabilitated and is now drug free. We are looking for any help to bring him home. Any help or if we can bring his case back to court for lower charge or sentence, PLEASE…any help will do. 

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Mississippi. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of the Case

Relevant Mississippi Legal Provisions

In understanding your son's case, it's crucial to be aware of the relevant Mississippi laws regarding drug possession and trafficking. While I cannot provide specific statute links, I recommend consulting the Mississippi Legislature's website for detailed legal provisions. Key laws to consider include:

  • Mississippi Code Title 41, Chapter 29: Governs controlled substances, including possession and trafficking.
  • Mississippi Code Section 99-19-71: Addresses sentencing for drug offenses.
  • Mississippi Code Section 99-15-26: Discusses post-conviction relief.

Possible Legal Solutions

To address your son's situation, consider these legal avenues:

  1. Post-Conviction Relief: Explore filing a motion for post-conviction relief, especially if there were any procedural errors or violations of rights during the trial or sentencing.
  2. Sentence Review or Modification: If there are new facts or circumstances that were not considered at sentencing, these might be grounds for a sentence review.
  3. Appeal Process: Investigate if there's scope for an appeal, particularly if there are grounds of legal error or misinterpretation of the law.
  4. Clemency or Pardon: As a long-term option, consider applying for clemency or a pardon from the state governor, although this process is typically lengthy and uncertain.

Pricing for Legal Services in Mississippi

Service Average Price in Mississippi % Difference from National Average
Post-Conviction Relief Filing $4,500 - $7,000 +15%
Sentence Review or Modification $3,200 - $6,500 +10%
Appeal Process Handling $5,000 - $10,000 +20%
Clemency or Pardon Application $2,500 - $4,500 +5%

Mississippi's legal market tends to have slightly higher prices for these services compared to the national average, reflecting the specialized nature and complexity of criminal defense work in this jurisdiction.

Complexity of Drug-Related Cases

  1. Case Example: Inadequate Legal Representation - A defendant may not have received competent legal representation, impacting their trial outcome. Solution: Filing for post-conviction relief based on ineffective assistance of counsel.

  2. Case Example: Sentencing Discrepancies - Similar cases resulting in vastly different sentences. Solution: Requesting a sentence review to consider more equitable sentencing, taking into account precedent and other similar cases.

  3. Case Example: New Evidence or Circumstances - New evidence or changed circumstances after sentencing can be grounds for legal action. Solution: Petition for a sentence modification in light of new evidence or circumstances.

Questions for Further Clarification

  1. Was your son provided adequate legal representation? - Understanding the quality of legal representation he received is crucial for determining if ineffective assistance of counsel could be a viable argument.

  2. Are there specific aspects of the trial or sentencing process you believe were handled improperly? - Details on any procedural errors or rights violations can be key in pursuing post-conviction relief.

  3. Has any new evidence or change in circumstance arisen since the sentencing? - New developments could potentially open avenues for sentence review or modification.

Common Questions in Similar Cases

Q1: Can a first-time drug offense lead to a high sentence in Mississippi?

In Mississippi, sentencing for drug offenses can be severe, even for first-time offenders, depending on the drug type, quantity, and other circumstances. However, it varies case by case.

Q2: Is post-conviction relief a common successful strategy in Mississippi?

Success in post-conviction relief varies widely. It often depends on specific case factors, like new evidence or procedural errors during the initial trial.

Q3: What are the chances of a sentence being reduced or modified?

Sentence reduction or modification depends on several factors, including new evidence, procedural errors, or changes in law. Each case is unique, so outcomes can vary.

Q4: Can cooperation with law enforcement lead to reduced sentencing?

Cooperation can sometimes lead to reduced charges or sentencing considerations, but it's not guaranteed and often depends on the case specifics and the prosecution's discretion.

Q5: How does the appeal process work in Mississippi?

An appeal in Mississippi involves challenging the trial court's decision at a higher court, based on arguments of legal errors or rights violations. It requires substantial legal preparation and understanding of appellate law.

In your situation, it might be beneficial to compare lawyers in your area who specialize in criminal defense, specifically those with experience in drug-related cases, to find the right legal expertise for your son's case.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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