Legal Question in Criminal Law in Georgia
my daughter was convicted of vehicular homicide in the 1st degree she was sentenced to 15 years she has no previous charges can her sentence be modified
3 Answers from Attorneys
Surely your daughter had a competent lawyer who knows everything about the case. If not, certainly she needs one to answer questions about her case. No one here knows a thing and we cannot possibly answer your question. If this is an important issue, a lawyer will be consulted immediately.
Yes,she "can" have her sentence modified, but she probably will not have it modified. Based on your question, I assume that your daughter went to jury trial and lost. The trial judge then saw fit, given all of the evidence that he/she heard, to sentence your daughter to 15 years. That same judge is the judge that will modify the sentence downward. If the judge thinks upon further reflection that the 15 years was too harsh, then the sentence will be modified downward. If the judge thinks he/she got it correct, then there will be no modification. In order to get the modification, you will probably need to hire an attorney. So, the attorney can review the sentencing evidence and try to put forth more persuasive evidence. See website for insight into judges: www.lawrencelewispc.com Good luck.
While sentences sometimes are modified that is rare. The time to seek a more lenient sentencing is before the sentencing, so her lawyer (and I am sure with something so serious she had one) should have made such efforts at that time. That same lawyer, who was there and is familiar with the facts is the only person who can give you a specific answer as to appellate review or modification.
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