Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My daughter was convicted of intention theft charge. She…

My daughter was convicted of...
My daughter was convicted of intention theft charge. She didnt leave the store and the store did nt file criminal charges. You could nt see the video. She does not have to pay restitution. But her attorney advised her to take a no contest plea and the judge sentence her to 45 days in jail with huber. She was working 40 hours a week and enrolled in college partime. Can she file an appeal.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
9/25/2017
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,271
Experience: 16 yrs. of experience including criminal law.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Criminal Law Question

Appeal based on what?

Ask Your Own Criminal Law Question
Customer reply replied 9 months ago
She did not steal anything

Thank you

How long ago did she enter the guilty plea (a no contest plea is the same as a guilty plea)?

Ask Your Own Criminal Law Question
Customer reply replied 9 months ago
She has been incarcerated for 9 days
Customer reply replied 9 months ago
She is working full time and enrolled in college part time. The judge sentenced her 45 days with huber

Thank you
She can hire a lawyer to appeal...she has 30 days to do this.

HOWEVER, I will warn you that this is likely a waste of money. THat is, if she took a plea deal? The ability to "vacate" (toss out) that plea is VERY difficult to accomplish.

If she feels she received bad advice, she can file an appeal...but to win the appeal, she would have to prove her lawyer was incompetent (that she did not receive effective assistance of counsel). Difficult is an understatement for these types of appeals...and if she wins? The whole thing starts over (she is still facing the charges)

Bot***** *****ne: She can appeal...but would need to hire a lawyer to do so, and she has an uphill battle on this to even get the plea vacated.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,271
Experience: 16 yrs. of experience including criminal law.
Verified
P. Simmons and 87 other Criminal Law Specialists are ready to help you
Ask your own question now

Thank you for taking the time to accept the answer, I truly appreciate that
phil

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,271
37,271 Satisfied Customers
Experience: 16 yrs. of experience including criminal law.

P. Simmons 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

3,248 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

37,271 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
My son in Maricopa jail on felony theft and other charges.
Hi my son in Maricopa jail on felony theft and other charges. He was offed a plea of 4 years and took it now the Judge is saying it could be 4-12 years. Is that how that work? … read more
Bill Attorney
Bill Attorney
law
2,451 satisfied customers
I live in California. My son was sentenced in Montana, and
I live in California. My son was sentenced in Montana, and now is in the state prison in Shelby Montana. They give him life without parole. I want to know if you can make and appeal. If you can I am w… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
My wife was sentenced in Alabama and was transfer here to
Second opinion] My wife was sentenced in Alabama and was transfer here to Arizona for Conspiracy. I want to see if there is anything we can do to get her out on parol or shorter time? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
358 satisfied customers
There is a case pending in Criminal Court (for assault and
There is a case pending in Criminal Court (for assault and robbery) against my ex-boyfriend. But also I sued him in Family Court (I've just won and got 2 year old permanent order of protection). The c… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,166 satisfied customers
My sentencing was upheld even after the sentencing judge
my sentencing was upheld even after the sentencing judge recused herself from my case. Why? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My wife was sentenced in Alabama and was transfer here to
My wife was sentenced in Alabama and was transfer here to Arizona for Conspiracy. I want to see if there is anything we can do to get her out on parol or shorter time? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was wondering what the chances are for an accidental theft
Second opinion] I was wondering what the chances are for an accidental theft charges are of being lowered to a misdemeanor (property was returned promptly)… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
358 satisfied customers
I have a case on theft by taking. There was a quasi-criminal
I have a case on theft by taking. There was a quasi-criminal case opened then i got a letter in the mail said then the quasi-criminal case was closed. Does that mean both cases are closed? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the sentencing guidelines for a felony U in
what are the sentencing guidelines for a felony U in Wisconsin? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
358 satisfied customers
If i was charged with retail theft and later was charged
if i was charged with retail theft and later was charged with conspiracy to commit the crime what level of charges would I most likely be looking at. and do you think i need a lawyer… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
358 satisfied customers
Can you tell me what a hardend sentence is? He got sentenced
My husband was sentenced to 8 years on his first violent charge the deputys and the other immates thinks he was sentenced wrong and for to long… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My friend was sentenced to 1 year straight time for a
My friend was sentenced to 1 year straight time for a probation violation. How can he get it changed to work release? Do you have to show employment first or can you get the judge to ok it and then fi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
Question: Sentenced to probation, sentencing guidelines for
Question: Sentenced to probation, sentencing guidelines for base offense level were 0-6 months. Is this considered a federal felony?Details: 1. A guilty plea to one count of "Illegal Importation of Co… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
What is the role of a probation officer. Theft of public
I have a probation officer who constantly works against me and is always calling me a liar when in fact I'm not lying… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have theft 3 on my criminal history a misdmeanor charge i
hi i have theft 3 on my criminal history a misdmeanor charge i am wondering how do i get it esponged the crime happened in 1997 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
12,187 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
358 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
Nisha Jones
Juris Doctorate
3,166 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