Ask the Law Guy

My sister was convicted for drug trafficking and has served almost two years of her sentence. She received a minimum of I believe 92 months. She was a first time offender and had extreme circumstances that the judge was not even allowed to consider due to the mandatory drug sentences. Basically she married an abusive husband who engaged in selling drugs and then encouraged a drug habit in my sister. He than abandoned her and his four children and left owing multiple drug dealers money. The drug dealers then showed up on her doorstep demanding payment, went through her home on several occassions removing what items they wished for payment including a vehicle. She was terrified of them and basically allowed them to do this. To further satisfy his drug debts to them, they said she could sell drugs for them to pay the debt down. Which she did do and subsequentally ended up in prison for. She tried to cooperate with the DA but basically she had nothing he wanted and he would not decrease the charges on any counts.

All this being said, I know she is guilty of a crime and did deserve punishment. However, the length of her sentence seems harsh considering the circumstances and that she was a first time offender. In addition she was fined $100,000 (also mandatory). Prior to this happening she worked the same job for over 15 years, owned her own home, and was raising and providing for her five children. All that she had is gone and now my other sister, my mom, and myself provide for the children and they are split between the homes. My step-father who was also helping to care for the children is now in an ICU hospital unit fighting for his life. Between caring for her children, our own children, work, and dealing with my step-father's medical condition we are stretched to the limit. My sister has now turned to God and has been a model inmate. She is needed here with us.

I apologize for the length of this but I figured you might need some background to answer my questions. Those questions being: How does one request a clemency hearing? Do you have to have an attorney to request one? Is there even such a thing as a hardship pardon? If you do not have to have an attorney, can the family request one or does it have to be the inmate? How long does the process usually take? Any information would be appreciated.

In North Carolina only the governor in has the power to pardon those convicted in state courts. To request a clemency hearing, contact the governor's office. You do not need to have an attorney, but it would certainly help to find an attorney who has experience in the pardon process. Recently an attorney who handles pardon petitions told me that the current North Carolina governor, Mike Easely, has pretty much shut down the pardon process except for cases where an inmate proves his innocence. There is no time limit for the governor to make a decision (except if he is going to grant a pardon, that must happen before he leaves office).


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