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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27244
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My Ex-Husband is incarcerated in North Carolina for a Sexual

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My Ex-Husband is incarcerated in North Carolina for a Sexual Abuse Felony. His projected Date of Release is 2018. From what I understand, there is no Parole. I have heard from various people who have contact with him, that he is in the process of having some type of Prision Board review his Case, since there is speculation that the Charges that were brought against him could possilby have been "back to back" (same charges for the same Offense). The DA on the Case had asked what I wanted, and I told him I wanted him in Prison for as long as possible.

From what I understand, he has his "entire" Case at his disposal, and has had plenty of time to review it. He had a Court Appointed Attorney, and he Plead Guilty.

Can he Appeal? And what are his options? Do I have anything to be concerned about?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The general rule is that a person may not appeal if he has plead guilty - that's because admitted to the crime. If someone pleads guilty, and doesn't like the sentence he gets, that's not a basis for appealing. He may file a Motion to Withdraw his guilty plea, but, first, that has to be filed within a very short time after the conviction. Second, he'd have to show, essentially, that the plea was not voluntary. That, someone, his will was overcome and he shouldn't be bound by the plea. That's a very high bar - very few people are able to withdraw their guilty pleas. Again, it's not enough that he doesn't like his sentence, or that he realized later that maybe the plea was a bad idea.

You can ask the DA to keep you informed if anything happens, but, it doesn't sound like something you need to be overly concerned with at this point.
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