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I was sentenced to jail & need to know if there's anything I…

Customer Question
I was sentenced to...

I was sentenced to jail & need to know if there's anything I can do if I feel there's judicial misconduct

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

I pled no contest to identity theft (huge mistake; advised to do so by my PD to avoid this exact situation); PD says I can't appeal

Lawyer's Assistant: In what state did the identity theft occur?

Ca

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

The parole report recommended home monitoring; the judge refused, claiming based on the heinous nature of my crime. However, a month ago he sentenced a sexual preditor to exactly that (who pled To three felonies)...this is my 1st offense

Submitted: 4 months ago.Category: Criminal Law
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Answered in 14 minutes by:
3/15/2018
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 117
Experience: Associate at Martin and Wagner, P.A.
Verified

Hopefully I can provide you some assistance with your question.

Ultimately the question becomes what the plea agreement called for. If the plea agreement called for home monitoring, you should have been able to withdraw your guilty plea if the judge did not follow the agreement. If the agreement was open as to how you serve your sentence, then you likely do not much of an out or an ability to appeal.

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Customer reply replied 4 months ago
My PD never mentioned that it needed to be specified; the plea bargain was done prior to meeting with probation & that meeting was the 1st time home detention was mentioned. So, it's OK for a sexual preditor guilty/convicted of 3 felonies to be sentenced to the same amount of time & be given home detention?! Also for my PD not to mention that needing to be negotiated? This is my 1st interaction with the courts. Also, is it OK for the judge to say he assumes I'm not going to pay my restitution?
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago

Every case is different. Judges make decisions on a daily basis and from the outside a lot of those decisions don't necessarily make sense. But my experience has been that generally speaking that there is a logical reason for them. My guess is that the judge's comment regarding restitution was less about you and more about his or her experiences dealing with other defendants who have not paid restitution. And to be honest, lots of folks don't pay restitution. I am not completely familiar with how things work in California, but in Minnesota, where I practice, there would have been some understanding as part of the agreement whether house arrest was guaranteed, up for negotiation, or an impossibility.

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Customer reply replied 4 months ago
Incredible...I didn't participate in the negotiations directly, just relying what I wanted via my PD; I can't believe that he left me hanging like that. I assume that since the probation interview mentioned it, it was there to be considered. As far as daily decisions, I fail to comprehend how a teacher betraying the trust of her students & having sex with them is any less deserving of time in a cell!
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago
I don’t necessarily disagree with you regarding the other case. Did you not sign some sort of plea agreement in your case?
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Customer reply replied 4 months ago
Incredible...I didn't participate in the negotiations directly, just relying what I wanted via my PD; I can't believe that he left me hanging like that. I assume that since the probation interview mentioned it, it was there to be considered. As far as daily decisions, I fail to comprehend how a teacher betraying the trust of her students & having sex with them is any less deserving of time in a cell! I did sign, but the outcome wasn't as explained prior to signature & he wouldn't allow me to attempt to withdraw it.
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago

The attorney wouldn't let you attempt to withdraw the plea or the judge wouldn't?

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Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 4 months ago

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