Extra prison time for gun use in Washington What happened next

Have you ever missed the chance to challenge an unfair legal decision in Washington state? It’s a common concern, and understanding the law is crucial. This article explores a notable court ruling, offering guidance on addressing sentencing errors. Learn how to navigate legal barriers effectively.

Situation

Situation Example

Let’s imagine a person named Alex living in Washington state. Alex got into some trouble and was charged with several crimes, including second-degree assault, first-degree burglary, and first-degree theft. After going to court, Alex decided to plead guilty to these charges. The judge gave Alex one sentence for each crime, but these sentences were to be served at the same time, which is called concurrent sentencing. However, because a firearm was involved in Alex’s crimes, the judge added extra time to the sentences specifically for the use of the firearm. This extra time was supposed to be served one after the other, making Alex’s total time in prison much longer.

Later, Alex found out that the law about these extra firearm penalties had been clarified by the court. The new interpretation said these penalties should not be added one after the other but should be served at the same time as the other sentences. Realizing this, Alex felt that the sentence was unfair and decided to challenge it in court, hoping to get the extra time reduced.

Judgment Outcome

The court decided in favor of Alex. They ruled that the extra time for the firearm penalties should have been served concurrently, not consecutively. This decision was based on the legal standards that were in place at the time Alex was sentenced. The court ordered a resentencing to fix this mistake (Case No. 68559-2).

Can a late petition challenge a sentence error? (Washington 68559-2) 👆

Solution

Immediate Actions

If you believe your sentence is unfair because of a mistake like Alex’s, the first thing to do is gather all your court documents. This includes the original sentencing paperwork and any updates in the law that might affect your sentence. Look for a legal ruling similar to your case that might change how your sentence should be applied.

Filing a Petition

Once you have your documents, you can file a Personal Restraint Petition (PRP). This is a legal document you submit to the court, explaining why your sentence should be changed. It’s important to explain clearly why the sentence was wrong and how the new interpretation of the law applies to your case. If you find this complicated, seeking help from a lawyer might be a good idea. They can help you write the petition correctly and make sure all the necessary information is included.

Negotiation and Settlement Strategies

Sometimes, before going to court, you can try to resolve the issue through negotiation. This means talking with the prosecutor or the court to see if you can agree on a new sentence without a full court proceeding. Having a lawyer can be especially helpful here, as they can negotiate on your behalf and potentially reach a settlement that reduces your sentence without the need for a court hearing.

Scared of rule-breaking jail time in Washington? Read this first 👆

FAQ

What is a Personal Restraint Petition (PRP)?

A PRP is a legal document that you file if you want to challenge something about your prison sentence or detention that you believe is wrong under state law. It’s a way to ask the court to review your case.

When is a petition considered late?

A petition is considered late if you file it more than one year after your conviction becomes final. However, there are exceptions, such as if there’s been a significant change in the law that affects your case.

What are firearm enhancements?

Firearm enhancements are extra penalties added to your sentence if a firearm was used during the crime. This means your time in prison can be longer because of the involvement of a gun.

What is RCW 9.94A.310?

This was a law in Washington that explained how sentences should be calculated, especially if a firearm was involved. It used to say that firearm enhancements should be served one after the other, but this was later changed.

What is RCW 9.94A.400?

This law covers how different sentences should be served, either at the same time (concurrently) or one after the other (consecutively). It generally favors concurrent sentencing unless there’s a special reason not to.

What is a significant change?

A significant change means there’s been a big change in the law or how the law is understood, which can affect whether your sentence is still valid.

What is an abuse of writ?

Abuse of the writ happens when someone files a new petition about things they could have brought up in an earlier petition without a good reason for not doing so.

What is a successive petition?

A successive petition is when you file another petition after your first one has been decided, usually because there’s new evidence or a change in the law.