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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Alford plea and sentenced

Resolved Question:

can a someone who entered a Alford plea and sentenced to a 25-years-to-life prison term be appealed?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

Any time there is a plea - it is not appealable. However, a Post Conviction Motion can be filed - this is something that I suggest you discuss with a local attorney because of the nature of the situation - the defendant would need to show they did not fully understand the consequences of the plea - which could be hard to do as the plea would have been entered on the record in front of a judge. They also could present evidence showing they had ineffective counsel and was advised incorrectly.

With a Post-conviction Motion there would need to be a legal brief with a memorandum of law citing case law to support the Motion.

Best of success in this matter,

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 4 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Michelle's Post: Hi Thanks For your advice.
One more question If I could Please? The person who was givin that sentence, Is paralyzed from his chest down, Will he have to serve his sentence in the same facility as other inmates?

Thanks So much for your reply.
Expert:  Michelle replied 6 years ago.

Dear bmelody

Unfortunately, he will. But if it is seen that he is at "risk" in general population, they might move him to a segregation unit within the infirmary.

You also can discuss the matter of a medical release to a specialized facility - and if he has other health issues - a good attorney can work toward a medical parole of some sort - but this all takes time.

Nothing is impossible or ruled out - but nothing is guaranteed either.

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 4 other Criminal Law Specialists are ready to help you

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