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My husband took a plea deal for a third degree felony for theft from the elderly. The prosecutor and his lawyer agreed on probation since he has no criminal background. The judge ordered a 3 year sentence in state prison. That sentence was very harsh and I was inquiring if there is anything that we can do about it? Also the person who started the whole investigation (his half-sister) works for the State and the county which the whole case took part in.

Submitted: 266 days and 14 hours ago.

Category: Criminal Law

Value: $15

Status: AWAITING CUSTOMER ACTION

Answer

There's not a lot he can do. He can file a motion for modification of sentence but it would be heard by the same judge. He doesn't really have grounds for appeal because the sentence wasn't illegal. He may be able to file a sentencing review request before a panel of judges, but generally if he does that, the panel can also raise his sentence, so it is a risk. You should talk to his attorney about the options that are available to him, because the attorney can file motions on his behalf. I'm guessing that because this involved theft from the elderly that the judge found it more offensive than your average theft from less vulnerable citizens and hence the harsher sentence. I don't know if he is going to do any better elsewhere because of the nature of the crime.

Accepts:
Expert:	Prosecutor
Pos. Feedback:	98.0 %
Answered:	3/1/2009

Criminal Justice Lawyer

4 years as a prosecutor, 1 year as a judicial law clerk

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