My father has been in swrj since feb 15th. He is sentanced 1 to 15 for a $50 drug charge. The judge told him to complete the rsat and he can be out in 3 months. Well he cant get in that program so he wants to file for reconsideration. His lawyer is a joke and he can barely read or write. How can i help him with this?
I can't help with the reconsideration, but do want to welcome you to PTO
Most programs have a waiting list and its going to depend on when a bed open up before your Dad can start the program. But I would think a reconsideration would take even longer as its a court process. Also, the Judge has no idea when DOC will grant release or parole....that decision should be up to the Board.
I hope your Dad is able to get into the program soon and is Home asap!!
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You can't file anything on behalf of your father. Your father can write and file on his own behalf. He has access to a law library.
His lawyer isn't a joke - his lawyer is finished with the case when there's a sentence. Further, you are probably out of time to file any sort of motion, including a motion to revoke a plea (assuming he pled). The amount of time that a person has to take back a change of plea is very limited in every state I know.
You could pay an actual attorney, licensed in his state for an hour to ask basic questions. It could be money well spent.
But, please remember, the trial attorney is not responsible for post conviction relief. For that, you need your own attorney. Since it sounds like he pled, his ability to appeal his sentence and conviction are probably limited if not outright waived.
But, your best bet is to talk with an actual, licensed attorney in your jurisdiction about your father's options. Take his sentencing sheet with you.
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