i do not know why your girlfriend was sentenced to two years in prison and others were given probation. I know nothing about her background, her previous criminal
convictions, if any, about the circumstances of her offense, about her employer and type of theft-related crime this is, all of which would have had some bearing on what her offer would be. I do know, however, that after fighting for a year she chose to plead guilty and take two years sooner than risk trial
. And unfortunately, once you give up your right to remain silent and take a negotiated plea, it isdifficult, nearly impossible after sentencing to take that back.
While, if not barred by time, your girlfriend could appeal on the basis that the sentence
was unduly harsh or that the judge was arbitrary, the fact is, she agreed to this sentence. At the time of her plea, I am sure she was allocuted and made to answer on the record a list of questions wherein she stated that she was pleading guilty voluntarily of her own free will after being advised by counsel, knowing what rights she was giving up, knowing what her sentence was going to be, and doing so because she was guilty, and so on. These questions and answers will be used against her in an effort to deny her the relief
She would need to have a post-conviction (appellate) lawyer to raise the issue and a legal or constitutional basis (other than hindsight) for the appeal. And it would have to be made in timely fashion. It's not clear from your post when she began her sentence and whether the window of opportunity would still be open to her if she wanted to pursue an appeal.
You could find and talk to a post-conviction lawyer through your local state Bar Association's Lawyer Referral Service
and speak to him in confidence and get an idea how viable her appeal might be. They have a one-time very inexpensive half hour consultation, with no strings attached. That is, you wouldn't have to hire him to do the appeal unless you wanted to.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.