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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23937
Experience:  9+ years defending Misdemeanor and Felony cases.
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If my son accepted a plea bargain for a lesser sentence is

Customer Question

If my son accepted a plea bargain for a lesser sentence is he still able to appeal to get house arrest instead of the jail time ? He is currently in jail serving 2-4 Is he able to appeal this
Submitted: 2 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 months ago.

Good morning. How long ago was the sentence imposed? What is the basis for the appeal?

Customer: replied 2 months ago.
2-4 years trying to appeal to get house arrest instead of jail time
Expert:  CrimDefense replied 2 months ago.

How long ago did he take the plea deal?

Customer: replied 2 months ago.
Two days ago he is in jail now
Expert:  CrimDefense replied 2 months ago.

Thank you. If he took a plea deal, he may have waived his right to appeal, so the paper work and record would need to be reviewed, if he gave this right up. If he did not, there needs to be a legal basis to appear. A defendant who wants a different sentence can not appeal, since they accepted a plea deal according to those terms and conditions. If anything, they would need to file a motion to vacate the plea and even if it was granted, the State does not have to allow house arrest instead of jail, so they could be back in the same position as they are in now.

Expert:  CrimDefense replied 2 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  CrimDefense replied 2 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!