My fiance was sentenced to 18 months in prison for his 3rd OWI. The prosecutor set the guidelines at 11 months in county. In his PSI Report it stated he was Boot Camp eligible and the Judge had also agreed upon this. My fiance also has a 4th degree CSC on his record from 2003, which is a misdemeanor. His lawyer had looked into this and came back and said getting into Boot Camp wouldn't be a problem. The Judge intended on my fiance serving the 30 days in quarentine and then the 90 days in the Boot Camp Program. Turns out, the Boot Camp itself will not let him have Boot Camp, so he is to now sit in prison for the 18 months. I have recently wrote to the Judge asking him for help or what he could do, he claims that he can't help once the defenden has been sentenced. He also goes on about my fiance's extensive criminal record and the "road rage" from his actions that night he was stopped. The "road rage" isn't apart of his sentencing, but the Judge seems to be using this as well as his past history in his judgement. My question to you is, how would I go about filing a motion for re-sentencing and is there anything else I could do in the mean time to help out my fiance's situation?
1 Answer from Attorneys
Somebody should have been smart enough to know that boot camp never takes sex offenders. Your thoughts of filing a motion for re-sentencing are
futile since the same judge will hear the motion.
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