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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13296
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My husband had charges filed against him for fraud in a state

Customer Question

My husband had charges filed against him for fraud in a state in which we do not live. This has been an ongoing matter for the past year. He appeared to every hearing (there were over 15) when he was suppose to. For several months his attorney & the prosecution had agreed to probation. Today he was to go before the judge for sentencing. He decided that my husband, who has no prior criminal record should go to jail for 1-4 years, against the prosecution. What is my next step. Should my attorney appeal, file a motion, etc? I am at a loss and need guidance PLEASE!!
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 3 years ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Did your husband enter a plea deal?

Alex Esquire :

Also what state court is it?

Alex Esquire :

Also was your husband represented by private counsel or public defender and what were the exact charges he plead guilty to?

Customer :

Hello I am Kourtney,

Alex Esquire :

Hi Courtney I am sorry to hear about this

Customer :

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.

Customer :

He pled guilty to 1 felony count of obtaining a prescription by fraud.

Alex Esquire :

Did you speak to your husband's attorney and also was your husband immediately incarcerated or is he still out on bond?

Customer :

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.

Alex Esquire :

Ok give me a minute I was to research something so I can provide you with an answer

Customer :

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.

Customer :

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.

Customer :

Thank you.

Alex Esquire :

Do you happen to know an exact statue your husband plead guilty to violating?

Customer :

Obtaining a prescription by fraud is all that I know...

Alex Esquire :

ok hang on another minute please

Customer :

not a problem..

Alex Esquire :

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.

Alex Esquire :

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.

Alex Esquire :

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.

Alex Esquire :

I hope this situation gets resolved soon and if I have answered your question please click on green accept button as this is the only way I get paid for my time and efforts. Bonus and positive feedback are always appreciated. Thanks.

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