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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27422
Experience:  Active member of the NYS bar since 1989
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My grandson was charged with taking a shot at a woman , that

Customer Question

My grandson was charged with taking a shot at a woman , that she said he pulled her off the freeway . He told us that he was ran off the freeway by 3 vehicles , he thought he was being car jacked and so he picked up his pistol and got out of his pickup and he did fire a shot , but not at anyone . He was on his way back to his place , his girl friend came up from Tucson . When he got to his place , the vehicles showed up and someone dialed 911 , before he did . By the time the sheriff got there the other guys were gone . The sheriff went through my grandson's truck and his house with his permission. My grandson had never seen the woman until the first time in court , she also said he was staking her . Things just didn't add up . Anyway he was talked into taking a plea bargain . With the charges they told him he could do up 48 to 50 years in jail . With the plea the charges were reduced to 2 and 6 years each . He has to serve one after the other . I would like to know if it is to late for him to put in for an appeal ? This took place in Cochise County , AZ . As far as we could see my grandsons side of the story was not looked at , just the women's side was , she also said her son was with her and we think he is a teen ager . Thank You
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey, JD replied 1 year ago.

If so, has he been sentenced yet for this offense? How long ago?

Expert:  Zoey, JD replied 1 year ago.

Arizona rule 31.3 requires that a notice of appeal be filed within 20 days of the date that the sentence is pronounced. So if your son was sentenced more than 20 days ago, it would generally too late for him to file a notice of appeal at this time and most of the grounds for an appeal would be closed to him.

It's also very difficult to get a plea reversed after one is sentenced on it. That is because the judge asks questions on the record to try to make that plea airtight to make sure the defendant knew what he was doing when he took the plea. Those questions and your grandson's answers are on the court record and could be used against him if he tried to take his plea back.

Furthermore, in order to get a plea a defendant has to waive his right to challenge the evidence against him and confront witnesses. If he wanted to have his day in court, present his evidence and have his lawyer cross examine the state's witnesses and get the whole story out there, he'd have had to choose trial.

But if he was convicted after trial, he would not get the same deal he accepted. He would get much more time because a jury would have convicted him beyond a reasonable doubt.

There may still be things that he can do even if it's too late for most types of appeals. You could contact a post-conviction attorney on his behalf and see what remedies might still be available. But understand that even if he did get his plea back, he will have to face the original charges and try the case, and that's exactly what he didn't want to do in the first place.

Expert:  Zoey, JD replied 1 year 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.