Can I petition the court for less post release tme

Question Details: I received a sentence of 3 and 1 half years in prison and 5 years post release supervision. I have never been in trouble before this and I was out on bail for 2 years prior to this conviction without incident. The conviction was for cpw 2nd, although there was never any proof of intent, as the officers claimed to have found it in my waistband.

Asked 2/4/2010 under Business | 193 View(s) | More Legal Topics

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Alan Joseph / Alan L. Joseph, Esq. Answered 2 years ago | Contributor This attorney is licensed in New York

Unfortunately, if you were sentenced to 5 years Post Release Supervision by the court, you can not petition for a reduction.  However, if you were sentenced to a state prison sentence by the court and the court did not mention post release supervision, and the Department of Corrections was the one that imposed the post release supervision on you, then you may be able to return to the sentencing court and have the sentence modified.  If that was the case, you should definitely speak with an attorney.

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