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Hello. My name is XXXXX XXXXX I will be glad to help you.
Did your husband enter a plea deal?
Also what state court is it?
Also was your husband represented by private counsel or public defender and what were the exact charges he plead guilty to?
Hello I am Kourtney,
Hi Courtney I am sorry to hear about this
My husband did enter a plea of guilty and both the prosecution and his defense attorney had reached an agreement of probation. This is in the state of West Virginia, we reside in Georgia. His attorney is of private counsel.
He pled guilty to 1 felony count of obtaining a prescription by fraud.
Did you speak to your husband's attorney and also was your husband immediately incarcerated or is he still out on bond?
He has been out on bond since October 16th 2009. They have bounced this around continuing constantly. He has traveled there for over 15 appearance to get there and be continued. At the sentencing today what we thought to be the probation and fines passed down the judge took him into custody and said he has implementing the 1-4 year sentence.
Ok give me a minute I was to research something so I can provide you with an answer
I have spoken the my husbands attorney briefly after the proceedings. He said that he would be filing something (couldn't quite understand him) on my husbands behalf on Wednesday due to election day tomorrow.
He also spoke os something stating it would be wise for my husband to serve 30 days or so before this appeal, motion was to be heard for it would deem better for my husband.
Do you happen to know an exact statue your husband plead guilty to violating?
Obtaining a prescription by fraud is all that I know...
ok hang on another minute please
not a problem..
I have looked at the penalty prescribed by law for this charge in West Virginia and it is a Felony punishable by 1-5 years in prison.
Here is what your husband's attorney might have failed to inform you and your husband about the Plea-Bargain Agreement. Even though you husband had agreed to plead guilty to this charge in exchange for prosecution reducing and or dropping other charges and also recommending probation to the judge as a penalty. It is only a recommendation and even though in most cases judges would go along with prosecutor's recommendations it is important to understand that judges in no way, shape or form have to honor the recommended sentence and have discretion and authority to sentence defendant to lesser or harsher sentence than what was recommended by prosecutor.
I would suggest that you contact your husband's attorney first thing tomorrow morning and find our exactly what is he going to do to help your husband, if he failed to explain this risks of taking a plea, you can consult another criminal attorney who can possibly have the guilty plea vacated due to ineffective assistance of legal counsel.
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