Summary
The user is seeking assistance in filing a motion under COLO.R CRIM.35.9 NEW LAW to dismiss her husbands sentence, claiming jurisdictional issues and constitutional rights violations. She is unsure how to complete the petition and needs to understand the specific constitutional violations involved. The new law redefines escape, affecting sentences for leaving community corrections facilities. The user needs to provide clear, concise details in the petition and act promptly due to the time-sensitive nature of legal proceedings.Full Conversation
I have never filed anything with the courts and i also have never filled out a petition kr mltion and i am stuck with sone of the things the petioton is asking for aswell as wanting to make sure i do it correctly also this is very time sentative and needs to be submitted like asap
What specific part of the petition are you having trouble with?
General Information:
- Petitions should be clear, concise, and include all relevant details.
- Timeliness is crucial in legal proceedings.
I am going off an articke that a lawyer wrote reguarding the new law and how anyone who has been sentanced for ecsape was sentanced illegaly that the. Ew law says if a ñerson is sentanced tl a community corrections facility they are nkt ecsaping if they walk away because they are not confined to the Doc or in confinment he lists that they were sentanced out of jurastiction aswell as the rights being violated... thats where i dont know what to say because i am not legaly boubd by any means
What is the specific constitutional right that was allegedly violated in your husband's case?
General Information:
- The new law may redefine what constitutes an escape.
- Jurisdictional issues can affect the legality of a sentence.
The retroactive application and petiton asks that same quedtion how was the inmates rights violated and im nkt to sure what tl say stienburg dosent go into detail he just lists false imprisonment and amedment i some amendments which i dont have at this momnet
Can you provide more details about the false imprisonment claim?
General Information:
- False imprisonment involves unlawful restraint against someone's will.
- Constitutional violations often relate to Amendments in the Bill of Rights.
Well my husband has had to due a * additonal four year sentance in DoC as the sentantance for the escape was 4 years to run consecutively from his 8 year original sentance he he would have been out of prisonnand done with his case if he didnt have to do the * he recieved for leaving the halfway house
What was the reason given by the court for the additional *-year sentence?
General Information:
- Sentences can run consecutively or concurrently.
- Leaving a halfway house without permission can be considered escape.
He was sentanced in febuary * since then he is still desling with this case he has done all his time and * .5 years of the 5 year parole but is still bound due to the MAR date including that four tears which has him stuck with a year left
What is the MAR date you're referring to?
General Information:
- MAR (Mandatory Release) date is when an inmate must be released from custody.
- It's calculated based on the sentence length and good time credits.
Ok this this a bot kr a live human
I am an AI developed to provide legal information. How can I assist you further?
...
General Information:
- I am an AI developed to provide legal information.
- I can help you understand legal terms and procedures.
Is there anything else I can help with?
I just wrote my ditustion and your are just defining what i already no
I understand your frustration. Can you tell me what specific information you're looking for?
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