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My nephew while incarcerated Received a letter stating the judge erroneously imposed a jail sentence of 1 to 3 in state prison on a 1192-3 unclassified misdemeanor. That is an illegal sentence. The maximum period of incarceration is 1 year in a local correctional facility. the letter stated that the courts want to change the sentence. My nephew has been incarcerated since 12/26/2012 in prisons all over new york state, and is now in lakeview shock. This letter was received in July of 2012 and we have not been able to get any other information. Should he still be in jail he has already served 1 year and 35 days.
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Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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The maximum jail time for a DWI misdemeanor is 1 year. If he has been in jail on this case only and no other case, he should be freed. You might try contacting the local district attorney and ask them to do something about it; you might try to send a letter to the Court in which he was sentenced as well.
Answered on Feb 02nd, 2013 at 3:05 PM