Legal Question in Criminal Law in South Carolina

post conviction release

I was convicted to 10 years in prison

for two charges distribution of

marijuana total of 43.27 grams, two

charges of distribution of crack

cocaine total of 2.95 grams and two

charges of trafficking in crack cocaine

a total of 39.52 grams. My first

lawyer did file a formal dismal to

remove himself as my lawyer. I

retained another lawyer a day before

my sentencing, she failed to ask for a

continuance. I wasn't aware of that

procedure until i was in prison. The

judge agreed the 10 year sentence

was too harsh. The prosecuting

attorney felt differently. Im filing a

post release conviction for my case

are there any cases similar to mine

where a post conviction release was

successful.


Asked on 9/02/08, 2:09 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: post conviction release

You didn't say if you plead guilty or had a trial. That makes a big difference. Based on what you wrote I assume it was a guilty plea. There are a lot of cases that were sucessful. It requires researching to find the one(s) that fit your situation. The mere fact that there wasn't a continuance is not enough. You have to show that your attorney was ineffective and that ineffectiveness changed the outcome of the case. On a side note, I am surprised that you have access to the Internet from jail. I didn't know they allowed that. Good luck.

Read more
Answered on 9/04/08, 3:32 pm


Related Questions & Answers

More Criminal Law questions and answers in South Carolina