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Can you appeal a sentence based on inadequate

Customer Question
Can you appeal a...

Can you appeal a sentence based on inadequate representation, financial hardship to family, or having an infant. Defendant is mother

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Have you talked to a lawyer yet?

She has

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She did not have risk assessment...charge is institutional sexual misconduct

Submitted: 8 months ago.Category: Criminal Law
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Customer reply replied 8 months ago
She has an 8mo. Old baby, was out on bond pending appeal. Appeal was denied
Answered in 7 minutes by:
11/15/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,421
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

The defendant can appeal a conviction based on inadequate representation and/or an unduly harsh sentence. But she can't appeal the sentence itself. What she can do is to petition the sentencing court for a modification of the sentence on the grounds of ineffective assistance of counsel and in the interest of justice. Alternatively, she can apply to the governor for a commutation of sentence or clemency.

All post-conviction remedies are long shots, and these are no exceptions. So although these options are available to her, the likelihood of success is not great.

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Customer reply replied 8 months ago
Does the interest of her child matter?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Not greatly. It's criminal court, not family court. It might make her more sympathetic, but many, many criminals doing time are parents.

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Customer reply replied 8 months ago
How does one petition the sentencing court
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

It's a formal motion and best done by a lawyer. However, in Pennsylvania, if she's already appealed her case, it is too late to file the petition, unless she has newly discovered evidence which wasn't available back when she appealed. See link. That leaves her with just an application for clemency.

Here's the information on that.

I am turning in for the night. If you have further follow ups, post them and I will tend to them in the morning.

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