Legal Question in Criminal Law in Wisconsin

Prison Term or Sentencing Adjustment

Hi, I have a friend in the Wisconsin Prison System, he was put in prison in 1994 at 20 years old, he was charged and convicted of a couple cases of breaking and entering, also one case of theft of a vehical. At the times he and friends were out messing around, the items with the exception of the vehical were beer, frozen pizza, etc. I want to know, after he has already served 9 years, with mandatory release set at 2012, he might get out in 4 more with gained time, what can be done to speed up this, it is very clear that the charges do not warrant the time. Thanks


Asked on 1/24/03, 1:04 pm

1 Answer from Attorneys
John A. Birdsall Birdsall Law Offices, S.C.

Re: Prison Term or Sentencing Adjustment

If you can establish a "new factor" that was not taken into account at the original sentencing or that he received "ineffective assistance" of counsel, he could make a decent claim for a sentence reduction. Has he already had a direct appeal? If so, that may limit the issues but if not, we could move for an extension of the deadline and take that route.

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Answered on 1/24/03, 2:15 pm


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