Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

My wife went to court 31 October 2011 her case was Felony death

Customer Question
by vehicle which was happened...
My wife went to court 31 October 2011 her case was Felony death by vehicle which was happened in February this year. The case was contined til yesterday after receiving confirmation from the attorney, She received a sentence of 3 yrs probation, 90 days in jailm and court order alcohol classes,

I would like to know what our options would be after receiving this sentence, She has never been in no trouble I feel this sentence was too harsh can you help me in seeing I can get her sentenced reduced. After consulting with the Attorney I feel not enough was done in my wifes case.
Submitted: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 27 minutes by:
11/1/2011
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,718
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Hello Jacustomer,

Here is the NC statute for Felony Death by Vehicle There are two levels of it, as you can see, an Aggravated Felony death (a class D felony) and Felony Death, which is a Class E felony. The penalty range for a NC Class E felony is 15 to 31 months of incarceration. If you look at it that way, the sentence that your wife got appears generous.

The only way she could have gotten so low a sentence is on a negotiated plea bargain where the DA came off of the top count and let her plead guilty to a misdemeanor charge with a reduced sentence. Sometimes that's done just to spare the feelings of the bereaved family who would otherwise have to endure a trial. It doesn't necessarily mean that the DA couldn't get a felony conviction if your wife wanted to go to trial on the case.

It is very difficult to get a plea back once a defendant has already pled guilty and been sentenced. That's because judges are always careful to do all they can to make these pleas airtight. They ask the defendant a lot of questions about whether she knows what she's doing, whether she's happy with the advice, whether she knows the rights she's giving up, whether she understands the terms of the promised plea, whether she's been in any way forced into taking the plea and so on. All of that is taken down by a court reporter, and it will be used against your wife when she tries to get out of the plea. If she goes back before the judge on her sentencing day and says that she has changed her mind, the judge does not have to let her get the plea back, and they usually would not. You would then have to hire a post-conviction lawyer and appeal it. With only 90 days in jail, she'll be out long before the appeal is ready.

Another thing you and your wife should understand is that if the judge does give your wife the plea back, the felony charges will be restored to what they were, and she will not get another misdemeanor deal from the DA. The judge will not be able to give her less than 15 months. So that means she will have to go to trial, where she would be risking up to 31 months if she is convicted on the felony. She and you should consider the risks very carefully before she gets her plea back. She's not likely to do better than 90 days in jail when there was a death in the case, and she could definitely do a lot worse.

But if she decides to try to get her plea back she should call her lawyer and let her know that on the sentencing date she wants to ask for the plea back so that if there's any good legal argument to make to get her what she wants, her lawyer can make it.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,718
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,718
28,718 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was convicted of 3 misdemeanors, but have not been tried
Hi I was convicted of 3 misdemeanors, but have not been tried yet... I would like to travel to UK for 50the B-day and would be back by 2/20 for my court date. Is this possible... I know how hard it is… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
My daughter was just sentenced 11-20-17 for arson of her
My daughter was just sentenced 11-20-17 for arson of her home. She is innocent and has no priors. Are there any early release programs out there that she can apply for? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
I got charged with a misdemeanor possesion of drug
i got charged with a misdemeanor possesion of drug paraphernalia. I got it dismissed. how hard is it to get it explunged in illinoise and how long does it take?i … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I want to understand what happens in a Florida sentencing
I want to understand what happens in a Florida sentencing hearing following a murder conviction. I understand these hearings are transcribed and made available as public record. Where could I find the… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
I was given Misdemeanor probation in Collin County Texas.
I was given Misdemeanor probation in Collin County Texas. The judge asked me if I wanted to keep my back jail time or if I wanted to apply it towards court costs, fines, etc. I elected to keep the bac… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
What is the sentence for forgery in Delaware? The police
The police will arrest my son om Wednesday when I bring him hime from rehab. … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,718 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x