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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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My husband just plead guilty to an attempted murder case in ...

Customer Question

My husband just plead guilty to an attempted murder case in Illinois and took 9 years, his lawyer told him he would do 3-4 years in prison and after he plead found out he has to do 6 1/2. His lawyer wasn''t prepared for trial on that day even though it was a 3 year old case, and made no motions in court that day even when the states attorney said he had no witnesses show and no lab reports available. this was on March 10th of this year. Is there anything we can do?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.


It appears the attorney miscalcualted the time - and if he was not sure, he should not have given an "estimate"

Because your husband took a plea, he is unable to appeal. HOWEVER, he can file a Post-Conviction Motion - based on the attorney's inaccurate advice. A post conviction is a process that would be difficult to do pro se because it involves a Memoradum of Law citing case law that pertains. So when you consult with legal attorney's mention the Post Conviction.

Best to both of you,


If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

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