Reviewed on: April 21,2026

Is There Any Way to Overturn a 35-Year Prison Sentence?

Hi how are U I have a brother who's in Wade Correction Center. The judge, who has passed away, sentenced him to 35 years in prison for 2 attempts of robbery and 3 robberies. I myself do not think it was right he went to jail in 2000 and they just keep shipping him I personally don't think it was right. He was getting a mental check and I don't think the new judge should have given him that long in prison. My question is, is there any way that I could do something about that he has been in there for 16 yrs now I just think 16 yrs is enough and how do I go by trying to get them to overturn his 35 yrs

Asked: December 20, 2015
Author: Elener
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1

Sixteen years is a significant amount of time, and the frustration behind this question is understandable. But a realistic answer requires honesty about how difficult this path is.

A 35-year sentence for multiple robbery convictions reflects a criminal history the court viewed as serious and repeated. Sentences of that length are not revisited simply because time has passed or because the sentence feels disproportionate to the family. Courts operate on the record that existed at the time of sentencing, and absent a specific legal basis to reopen the case, the conviction and sentence stand.

That said, there are limited avenues worth exploring. If new evidence has emerged that was not available at trial, a post-conviction relief petition could potentially be filed. If there were constitutional violations in how the case was handled, ineffective assistance of counsel, or procedural errors, those can sometimes form the basis of an appeal even years later. These are narrow grounds and require a real attorney to evaluate, not a general inquiry.

Compassionate release or sentence modification is another avenue in some states, particularly for inmates with significant health issues or advanced age. Given his mental health history, that angle may be worth raising with an attorney.

The hard truth is that without a concrete legal basis to reopen the case, overturning the sentence is unlikely. The most productive step right now is consulting with a post-conviction attorney who can review the actual case record and give an honest assessment of whether any viable grounds exist.

https://www.inmateaid.com/ask-the-inmate/is-there-any-way-to-overturn-a-35-year-prison-sentence#answer
Accepted Answer Date Created: December 21,2015

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