What motion would be a good motion to file for early release based on a new Federal ruling?

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What motion would be a good motion to file for early release based on a new Federal ruling?

The federal courts ruled that the illinois law making inmates serve an additional 3 years on top of what was imposed at sentencing is unconstitional. They ruled that if the sentencing judge did not add that they are to do the additional 3 years then the state could not force them to serve the extra time. In other words if you want them to abide by this law you must release them 3 years early so that their time does not exceed what was in their sentencing orders.

Asked on November 13, 2012 under Criminal Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a criminal defense attorney to look into the possibility for the filing a petition for an early release from jail based upon a newly published opinion that could benefit you and others. Such seems to be the best way to proceed concerning the matter you have written about.


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