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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23170
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i need to know if my husband as a chance if he goes back to

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i need to know if my husband as a chance if he goes back to court?

he is on felony probation he went to a revocation hearing and they added an additional condition to his probation. That he serve 2 years in a parish jail due to him verbally admitting failing a urinalysis and there where no new charges involved. they gave him 2 years added to a charge that he already has been convicted of. They state that upon completion of his 2 years that he has to abide to all original conditions of probation. Also that he went in front of the wrong judge and wasn't legally advised that he could delay the proceeding to actually be seen by his original judge.
Hi Jacustomer,

You need to get a post-conviction attorney who can appeal the revocation. This would involve a petition to a higher court, and it's a discretionary appeal, meaning that the Appellate Court is not required to hear the case. It can choose not to accept the appeal, which is why an experienced lawyer is important.

The fact that your husband was not informed that he had the right to wait to be sentenced by the judge most familiar with his case may be a good basis for the appeal, as potentially the sentence may be too, depending upon all of the facts and circumstances.

If you're not sure where to go to get this done, contact the Louisiana State Bar Association's Lawyer Referral Service. They will refer him to a lawyer for a fee of around $50 and that includes a free half hour consultation which can be had by phone. If he needs a pro bono appellate defender, the public defender's office should be able to put you in touch with an agency who does that.
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