Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Is a person who has pled guilty to a crime, refused a plea…

Customer Question
Is a person who...

Is a person who has pled guilty to a crime, refused a plea deal in favor of a psi allowed to appeal a case if not satisfied with a sentence/

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

Delaware

Lawyer's Assistant: Has anything been filed or reported?

Yes. Case went through the normal procedure. prior to trial a plea deal was refused in favor of the psi and the result far worse than the plea that had been offered

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

It was a second offense child endangerment charge whereby the accused had filmed children who were fully clothed. there was no physical contact, nudity, or pornographic nature to filming. however being a second offense where the accused was forbidden from any unsupervised contact with a minor the charge of child endangerment was made

Submitted: 1 month ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 12 minutes by:
12/29/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,184
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Did you take an open plea, or were you informed of your sentence before you accepted this? Were you told at the time that you would have to waive your right to appeal in order to get the deal?

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
This case involves my brother. A plea deal for 6 years was offered. He declined it to take a chance on the psi where sentence guidelines ran 4 to 20 I believe. Not sure about signing of no appeal option
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Thank you. Give me a few minutes to type you a reply.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Even under the best of circumstances, it is almost impossible to take a plea back once a defendant has made it and been sentenced. That's because a judge won't sign off on a plea unless he's sure that a defendant is taking it voluntarily and of his own free will and because he is actually guilty. To that effect there is always some kind of a plea allocution -- statements put on the record or signed off on by the defendant -- the purpose of which is to make the plea airtight. This is especially true on a PSI agreement.

So he can try to appeal if he has a legal basis to do so and he hasn't waited too long to file the notice of appeal. Alternatively, he can have his lawyer file a petition to reduce his sentence. But the fact is that your brother's own words during the taking of the plea will be problematic and can cause him to lose his appeal or motion. In my experience it would have been made perfectly clear on the record that your brother could possibly do no better than 6 years with the PSI and could do worse, before he made his decision to risk it.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,184
29,184 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 have a nephew that was sentenced to life for burglary
I have a nephew that was sentenced to life for burglary armed w/exp or weapon. He has been in prison for 19 years and don't have a release date. This to me is a true injustice. His public defender did… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If I was sentenced to prison and the jurisdiction I was
If I was sentenced to prison and the jurisdiction I was sentenced in does not have a prison for woman. Am I allowed to go back before my sentencing Judge for a suspended sentence? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,184 satisfied customers
Our son broke probation and has a trial to revoke probation.
Our son broke probation and has a trial to revoke probation. (he is guilty- missed several meetings with probation officer, had a positive drug test, etc). He tried to get a public defender, but was t… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,835 satisfied customers
What is the law about the 65% sentencing and about the
What is the law about the 65% sentencing and about the federal probation violation guidelines and pending charges that were related to a non violent violation … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
My sister was sentenced to federal time for years ago she
My sister was sentenced to federal time for years ago she cooperated with the prosecutor and got a lesser sentence. Now they called her back to testify against another defendant and they say they cann… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
119 satisfied customers
Why would a federal judge in Ohio seal a the sentencing
Why would a federal judge in Ohio seal a the sentencing memorandum of a person convicted of healthcare fraud and money laundering for $34-million? From Pacer.gov- SEALED Document: Sentencing Memorandu… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 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
29,184 satisfied customers
My brother is getting sentenced friday for his 5th dui,he
My brother is getting sentenced friday for his 5th dui,he took it to trial and lost.His attorney has asked me to say something on his behalf.He owns a business and i am one of his employees.Lost for w… read more
Bill Attorney
Bill Attorney
law
1,753 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
31,406 satisfied customers
My brother was sentenced to 7 year in prison and completed
Hi My brother was sentenced to 7 year in prison and completed 5 … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,630 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
28,766 satisfied customers
My son was just sentenced to DOC in Colorado. He was not
Hi Pearl! My son was just sentenced to DOC in Colorado. He was not represented by his lawyers and wants to file a appeal and a 35 c on both lawyers. He also is not trusting that his lawyer will file a… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,233 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
29,184 satisfied customers
My fiancé was sentenced for stalking( falsely accused but
My fiancé was sentenced for stalking( falsely accused but irrelevant),receiving 2 years prison with three years probation. During the time when the charges occurred, he was charged an additional “aidi… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,184 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
119 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,300 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