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My daughter was convicted of intention theft charge. She

didnt leave the store and...
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.
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Answered in 5 minutes by:
9/25/2017
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,288
Experience: 16 yrs. of experience including criminal law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Appeal based on what?

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Customer reply replied 2 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)?

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Customer reply replied 2 months ago
She has been incarcerated for 9 days
Customer reply replied 2 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: 35,288
Experience: 16 yrs. of experience including criminal law.
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P. Simmons and 87 other Criminal Law Specialists are ready to help you
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Thank you for taking the time to accept the answer, I truly appreciate that
phil

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P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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