Legal Question in Criminal Law in Kentucky

too much time for the crime

My brother was convicted of drug possession while on probation from a prior drug offence. It was only possession he wasnt selling or manafacturing but they gave him a 15 yr. sentence.We agree that he deserved some time for the possession charge but isnt 15yrs too much time for the crime. He is serving time with murders and armed bandits that didnt get any more time then him


Asked on 1/22/06, 2:35 pm

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: too much time for the crime

If I understand the situation correctly, your brother was convicted of a felony drug offense, placed on probation, and then violated his probation by illegally possessing drugs. I agree that the sentence is harsh, but your options may be limited. Two things immediately come to mind: (1) ask for shock probation after he has served few months in custody or (2) seek to attack the underlying conviction on some basis (perhaps he was not properly advised of the consequences of a probation violation ...).

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Answered on 1/22/06, 3:27 pm


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