Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. How long ago was the sentence imposed? What is the basis for the appeal?
How long ago did he take the plea deal?
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.
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