Amend WV Recidivism Statute for Fair Sentencing
Amend WV Recidivism Statute for Fair Sentencing
The Issue
My husband is serving a life sentence for Felony Fleeing, a situation that has exposed a grave injustice in West Virginia's recidivism statute. He has two prior convictions through plea agreements for Felony Fleeing. The first resulted in probation, which he successfully completed. For the second, he served one year in prison. Now, on his third conviction for Felony Fleeing, which leads to his second time in prison, a malicious prosecutor pushed for a life sentence. The prosecutor, in a moment of apparent spite, threatened my husband by saying, "You don't take this deal! Fine, I'm going for life!" even though Felony Fleeing is a charge that can be expunged.
Under the current recidivism statute in West Virginia, anyone who has been charged with a felony that could be sentenced to prison twice before can be sentenced to life on a third offense. Alarmingly, this means that an individual like my husband, who might have received felony probation twice and never been to prison, could face a life sentence if a prosecutor chooses to apply this statute selectively.
This arbitrary application of such a severe penalty means that people who have been rehabilitated or received minor sentences could unjustly face life in prison. It is critical that we amend this statute to remove the potential for misuse by prosecutors. The statute should not apply to offenses that can be expunged or that have not resulted in significant time in prison.
West Virginia must ensure its legal system provides justice and fairness, not selective punishment. This amendment will protect individuals from disproportionate sentences and prevent the manipulation of the system to enforce unduly harsh penalties.
WV has an enhancement sentence for 1st, 2nd and 3rd offense for Felony Fleeing which have not been followed and not enforced!
Join us in calling on West Virginia lawmakers to amend the recidivism statute to ensure fair sentencing and justice for all. Your signature can make a difference in preventing others from facing a similar fate as my husband. Please sign this petition to support a change for just and fair sentencing practices in West Virginia.
We have requeated for appeals and lawyers will no longer answer our calls or emails. We need help! We need your help!!!
17
The Issue
My husband is serving a life sentence for Felony Fleeing, a situation that has exposed a grave injustice in West Virginia's recidivism statute. He has two prior convictions through plea agreements for Felony Fleeing. The first resulted in probation, which he successfully completed. For the second, he served one year in prison. Now, on his third conviction for Felony Fleeing, which leads to his second time in prison, a malicious prosecutor pushed for a life sentence. The prosecutor, in a moment of apparent spite, threatened my husband by saying, "You don't take this deal! Fine, I'm going for life!" even though Felony Fleeing is a charge that can be expunged.
Under the current recidivism statute in West Virginia, anyone who has been charged with a felony that could be sentenced to prison twice before can be sentenced to life on a third offense. Alarmingly, this means that an individual like my husband, who might have received felony probation twice and never been to prison, could face a life sentence if a prosecutor chooses to apply this statute selectively.
This arbitrary application of such a severe penalty means that people who have been rehabilitated or received minor sentences could unjustly face life in prison. It is critical that we amend this statute to remove the potential for misuse by prosecutors. The statute should not apply to offenses that can be expunged or that have not resulted in significant time in prison.
West Virginia must ensure its legal system provides justice and fairness, not selective punishment. This amendment will protect individuals from disproportionate sentences and prevent the manipulation of the system to enforce unduly harsh penalties.
WV has an enhancement sentence for 1st, 2nd and 3rd offense for Felony Fleeing which have not been followed and not enforced!
Join us in calling on West Virginia lawmakers to amend the recidivism statute to ensure fair sentencing and justice for all. Your signature can make a difference in preventing others from facing a similar fate as my husband. Please sign this petition to support a change for just and fair sentencing practices in West Virginia.
We have requeated for appeals and lawyers will no longer answer our calls or emails. We need help! We need your help!!!
17
The Decision Makers
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Petition created on July 12, 2025