QUESTION

How do you appeal a sentence?

Asked on Nov 08th, 2012 on DUI/DWI - California
More details to this question:
The sentence was excessively hard for this first time offense. He is on disability. This will be his first time going to do jail time, 60 days in jail in a year and a half for probation. He has to do classes. He is on a fixed income, has no driverโ€™s license or vehicle. We would like some help on how to appeal this case. He is supposed to go in at 8 oโ€™clock Saturday morning to check into the jail.
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6 ANSWERS

Michael J. Breczinski
The sentence will be over by the time the appeal is heard. Maybe a lawyer could approach the judge and ask that person to reconsider the sentence. You have not said though what he was convicted of or the circumstances. They make a big difference.
Answered on Nov 14th, 2012 at 2:52 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Once he was sentenced by the judge, he should have been handed what is called Appellate Rights form explaining his options to appeal and how to appeal. If he is that indigent, he would be entitled to an appellate attorney at public expense. Otherwise, you would just have to hire a lawyer for him. I would do it as soon as possible because there are deadlines to file and if he files soon enough, his jail sentence may be suspended pending the outcome of his appeal.
Answered on Nov 12th, 2012 at 12:33 PM

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John J. Carney
You have not told me what crime he was convicted of, but it would not matter since an appeal would take at least 90 days to be heard and he will be out in 40 days. A 60 day sentence will not be considered harsh or excessive by any appellate court, so unless he can make appeal bail and retain counsel to perfect the appeal he should just serve the sentence and try not to get arrested again.
Answered on Nov 12th, 2012 at 12:32 PM

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Dennis P. Mikko
You have the right to appeal the sentence if it is done in a timely manner. You have the right to have an attorney represent you and if you cannot aford an attorney, the court would appoint one for you, Filing an appeal is started by filing a claim of appeal. However, there are many steps that must be completed according to the court rules. Without an attorney it will be difficult to comply with all the rules.
Answered on Nov 12th, 2012 at 12:32 PM

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Too late. He should've thought of this before he plead guilty.
Answered on Nov 12th, 2012 at 12:31 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, was he convicted by a judge and/or jury after a trial or did he enter into a plea agreement. Appealing a case is extremely difficult and time consuming with too many pitfalls for an untrained individual to attempt. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Nov 12th, 2012 at 12:31 PM

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