Georgia Parole Decision Guidelines System

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Parole Decision Guidelines
Image: pap.georgia.gov

Michael Kennedy McIntyre & Associates is an Atlanta-based law firm that focuses on criminal postconviction representation, including representation before the Georgia Board of Pardons and Paroles. In order for the firm to evaluate a case and assess the offender’s prospects for parole, the firm must determine how the Parole Decision Guidelines System will be applied in the case. When the Georgia Board of Pardons and Paroles considers a case for parole, the Board receives a recommendation of months, or a percentage of the sentence, to serve based upon the Parole Decision Guidelines System, which accounts for the severity of the crime and the offender’s risk to reoffend.
In April, 2017, the Georgia Board of Pardons and Paroles approved the first updates to the Parole Decision Guidelines System since 2007. The updated Guidelines will be implemented July 1, 2017. The Parole Board considered recent data to update the Guidelines which included new statewide sentencing averages and outcomes from previous decisions made by the Parole Board. Although the Georgia Board of Pardons and Paroles uses the Parole Decision Guidelines System to guide their decisions, the Parole Board has the ability to deviate from the Guidelines recommendation to either increase or lower the time to serve prior to parole. The 2017 updates to the Parole Decision Guidelines System included raising the crime severity level of certain types of convictions. The higher that the offender’s crime severity level is, the more serious the offense and the parole decision would likely be a recommendation to serve a longer period of time. Another notable update is on the risk to re-offend scale, the Parole Board will now include prior arrests in place of prior convictions for the offender.

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What Is Habeas Corpus?

 

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Habeas Corpus
Image: georgiapostconviction.com

Michael Kennedy McIntyre serves as an attorney with McIntyre & Associates, an Atlanta-based firm he founded in 1985. At the firm, Michael Kennedy McIntyre and his associates provide post-conviction representation for individuals who have been convicted of a felony in the State of Georgia. Mr. McIntyre and his team have experience helping clients with a variety of legal actions, including filing and litigating a state application for writ of habeas corpus. Habeas corpus petitions allege that an individual’s custody or incarceration is unconstitutional based upon what occurred prior to, or during, the individual’s trial or plea hearing. Habeas corpus is a complicated process with many possible claims that could lead to relief from convictions and sentences. The attorneys at McIntyre & Associates have decades of experience in identifying winning claims and litigating habeas corpus actions. They have the knowledge and the expertise to investigate, draft, and litigate habeas corpus actions in Georgia state courts. State habeas corpus relief can be sought by any individual imprisoned as a result of a sentence imposed by a Georgia court or by an individual who is not in physical custody but who is suffering from adverse collateral consequences (e.g., being on parole or probation) as a result of the individual’s conviction and/or sentence.

Sentence Reductions to Time Served

 

Mcintyre & Associates ic

Mcintyre & Associates
Image: georgiapostconviction.com

An established Atlanta-based law practice, Michael Kennedy McIntyre & Associates specializes in working with clients who have been convicted of a felony and are in need of post-conviction relief. Michael Kennedy McIntyre & Associates has worked with numerous clients to reduce the length of their sentences and, in some cases, has reduced their prison sentences to time served. In one case, a client had received a 10-year mandatory minimum sentence upon a conviction of statutory rape. However, the court was unaware of a new Georgia sentencing provision that allowed the court additional discretion in sentencing should certain conditions be met. The firm filed a Motion to Correct Void or Illegal Sentence to reduce the 10-year sentence, which the court granted. This resulted in the reduction of the client’s sentence to time served. Another case involved helping a client who had received a lengthy sentence to receive credit for the time already served before sentencing. This time had not been take into consideration upon sentencing. The firm remedied this situation, thus reducing the client’s prison term considerably.

Removal from the Sex Offender Registry in Georgia

 

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Michael Kennedy, Mcintyre & Associates
Image: georgiapostconviction.com

From its office in Atlanta, Georgia, Michael Kennedy McIntyre & Associates works exclusively in the field of post-conviction representation. The firm advises clients on parole-related issues, in addition to representing those who wish to become free from the restrictions placed on them as a result of prior convictions. Michael Kennedy McIntyre & Associates maintains in-depth knowledge of Georgia’s sex offender registry and the restrictions placed on offenders. In one of the firm’s cases, it worked with a client who was placed on Georgia’s sex offender registry, in addition to experiencing numerous other restrictions and requirements, as a result of a conviction in a different state. The firm filed a petition to remove the requirements placed on the client in the client’s county of residence, which was granted. The result of the action was complete removal of the restrictions and requirements placed on the client, in addition to removal of the client’s name from Georgia’s sex offender registry.