A man was sentenced to long prison term solely on probation officer's report which angered judge. The report was prepared by someone other than that officer and contained major damning errors. Often the opposite from what was said was reported. Any recourse?
Of course an appeal to overturn conviction and sentence will be filed. We are afraid the original notes will be destroyed and the doctored report will be all that is left.
Hi and thank you for using JustAnswer!I am sorry to learn of these circumstances. Please clarify: has an appeal been filed yet?
The publicdefender who mismanaged this whole case resulting in conviction of innocent man has promised to file motion for appeal. They are stonewalling efforts to talk to head probation officer. This was either a clerical error, the preparer was not the interviewer, or it was a malicious (very possible in this case) and deliberate. Is there any recourse to an error ridden probation report. The psych exam was very positive, the probation officer recommended unrestricted probation, but the report enraged the judge. there were things in the report that were the polar opposite of what the defendant said in interview.
Please clarify: did the defendant have the chance to review the report prior to sentencing?
Yes, but no one allowed him to speak. his lawyer did not visit him between conviction and sentencing. He had the report, the public defender had report, but never came to discuss how disasterous it turned out. The judge flew into courtroom on a broomstick and said she was ignoring community support letters, a positive psych exam and sentencing solely on basis of probation report. Defendant not given any chance to speak during sentencing, only victim statements. thanks, I am rushing dog to vet, so may not get back on line right away. I am eager for any advice you can offer.
Thank you. Did the judge's sentence exceed the amount of time that she's allowed to sentence under the law?
No, it was the maximum for crime, but the man had no Criminal Record and the judge was visibly angry about probation report. Could have been probation, 5 yrs, 8yrs, 10 yrs.This whole sad case has felt like being railroaded to prison. Must leave for vet now, will reply more later if needed this is in California
Thank you.The attorney may want to first file a motion for reconsideration with the sentencing judge. In that written motion, the attorney can spell out all of the inaccurate statements that were in the report and attorney can also request that the defendant be given an opportunity to address the court before sentence is imposed.Such a motion give the sentencing judge the chance to fix something before things get bogged down in appeal court world.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. Please let me know if there is anything else I can provide to give you excellent service!"
Handling criminal and probation matters for over 14 years.
A follow up, please, I have no more money to offer. Husband sentenced to maximum, 10 years. appeal begun. How can a person maintain innocence and yet show the judge remorse. Of course he has regret, but was unable to please judge with his lack of remorse for something he did not do! probation denied, 69 year old with no criminal record gets 10 y. by angry judge. Help! Optional Information: State/Country relating to question: California Already Tried: We have filed motion to appeal conviction, we are looking for form to file motion to reconsider sentence. this was a wildly sensational case locally, perhaps judge did not want backlash if she granted probation for which he was deemed eligible.
What you've described are not compatible concepts.If he's working on an appeal now, then, as a part of that appeal (which I am assuming is based upon lack of evidence) he will also request an appeal bond -- meaning that he will ask to be released during the course of the appeal.Remorse, or lack of it, is not considered when ruling on an appeal bond.
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