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WA Parole - Pre-Sentencing Report Only Up to the Judge?

Discussion in 'Traffic Law Forum' started by HKS, 8 January 2017.

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  1. HKS

    HKS Member

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    My husband has been jailed for 5 years and is eligible for parole after 3 years. The accident he was involved in relating to the conviction and imprisonment happen in 2014. He was found guilty in Oct 2016 and sentenced Nov 2016.

    I feel he has been sentenced as if the accident happened yesterday if that makes sense. Now reflecting on it his whole trial was a shambles and his lawyer didn't do a good job at all. She just wasn't willing to push the boundaries.

    I'm wanting to know why the 2 1/2 years prior to sentencing wasn't taken into account? Also, is it only up to the judge for a pre sentencing report to be done? Can a lawyer push for this to happen?

    I would really love some feedback.

    Thank you in advance.
     
  2. Lance

    Lance Well-Known Member

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    Hi,

    So it is only up to a judge to ask for a pre sentencing report. As far as your other question I really get it, the 2.5 years prior must have been very stressful for both of you and seemed like already being sentenced, but he wasn't so the incarceration time was yet to be served.

    I'm not telling you to suck eggs but the judge in sentencing would have considered all the facts prior to sentencing and felt that 5 years was reasonable even given that it occurred 2.5 years prior.
     
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