File an appeal to get time served?

[msfire_02]

Louisiana- My husband was placed on an early release list when Louisiana signed a new bill on Oct. 16,2010. Since then he was placed in a trustee dorm and given a release date of Aug. 8, 2012. Well last month he went back to court and the court added more charges to his sentence which they gave him 5 years. Do you think he need to file an appeal to get his time served? What should he do?

[yourself]

an appeal won't get him time served. Technically, if the Statute of Limitations hasn't run, and (assuming he plead) the plea bargain didn't include not charging him with other crimes, then the state can bring new charges.

Why did he plea? If there was a question about whether or not the charges were brought despite a legitimate plea that included those charges, an interlocutory appeal challenging the charging document would have been appropriate.

I'm not sure that he can bring this up on appeal since presumably he plead to both the old charges and the new charges leading to the additional 5 years. You'll have to consult a good post conviction relief attorney to determine if you have any grounds to appeal, or of there are sentencing considerations that would lessen the time that he received (doubtful in an appeal of a plea).

Know that's not what you wanted to hear - I'd be pissed at the State, too, for screwing around with everybody's life like that.