Fiance accepted a plea, can we appeal for a sentence modification?

[crayzblondie]

My fiance accepted a plea agreement of 14 months and the judge over ruled it and gave him 7 years. We have a baby on the way and I was just curious if it is worth going back and appealing the case to get a sentance modification? There was another guy involved and he accepted a plea of 1 year and got 3 years.

[yourself]

FRequently, a condition of the appeal is waiving your rights to appeal. So, your first obstacle is to get around your knowing agreement to waive appeal. That alone can lead you back to square one with a State much less willing to offer anywhere near the same offer as the one you're sitting with.

But, if you're looking for pcr through a sentence modification, you're going to have to find a really good grounds for that requirement - most pleas are a matter of contract law, to negate the plea, you should turn to theories of contract law that would negate a contract - material misrepresentation, duress, lack of capacity. Most of thoses avenues were sealed off by the judge when s/accepted the plea (that was the series of silly questions - did anybody promises you anything other than what's in teh plea deal, are you at least 18 years of age, have you taken any mind altering substances, what day is today, etc).

If you get your requested relief a couple of years down the line, then you're back at square one with a State much less willing to offer a decent deal since the State will already have firm evidence that you're not willing to abide by agreements.

If you have new evidence, or you find out your attorney was having a torrid affair with the prosecutor in the case - that's one thing. If you're hoping that by filing an appeal, some grounds can be found somewhere that'll shave a few years off the sentence, then it's really not worth it.

[Kayla.Clunen]

Originally Posted by crayzblondie

My fiance accepted a plea agreement of 14 months and the judge over ruled it and gave him 7 years. We have a baby on the way and I was just curious if it is worth going back and appealing the case to get a sentance modification? There was another guy involved and he accepted a plea of 1 year and got 3 years.

Technically, at least in Ohio, you have 30 days from sentencing to appeal it. My husband was sentenced to 2 years and the plea agreement was 18 months. We are appealing the sentence. So yes it is possible. If it is past the time of 30 days or wahtever the case may be in yor state you may have some trouble. But i would do it anyway the worst they can do is deny it. I am hoping our appeal is accepted but yeah u can appeal. And I would if you can it is not right, a pleas a plea for a reason and even though they say the judge has the final ruling it is unethical to go against the prosecutors plea.

[jpkjpk2000]

I am totally confused. Is this always the case? You sign a plea agreement and the judge is allowed to throw it out? If this is true, what good is a plea agreement?

[CenTexLyn]

In most jurisdictions, if the prosecutor and the defense came to an agreement that was later rejected by the bench, the defendant is then free to move forward with trial. Given that there is no discussion about that here, I am left wondering if this was really a negotiated plea or if it was, instead, an open plea without a written recommendation from the State. And if there was no written recommendation, then there was no plea agreement truly in place...

[Mellymel418]

Originally Posted by CenTexLyn

In most jurisdictions, if the prosecutor and the defense came to an agreement that was later rejected by the bench, the defendant is then free to move forward with trial. Given that there is no discussion about that here, I am left wondering if this was really a negotiated plea or if it was, instead, an open plea without a written recommendation from the State. And if there was no written recommendation, then there was no plea agreement truly in place...

So if someone does have a plea agreement, and there is a written recommendation from the state does that mean the Judge still has discretion over sentencing? Or is he required to sentence with what the state recommended in the plea? And if he goes over what the state recommended is their a chance to throw out that plea by the defendant than? We have a situation at the moment and are very nervous because of what the judge said after accepting his plea agreement! And sentencing is 30 days away so trying to get all our ducks in a row so to speak before sentencing!

[CenTexLyn]

Originally Posted by Mellymel418

So if someone does have a plea agreement, and there is a written recommendation from the state does that mean the Judge still has discretion over sentencing? Or is he required to sentence with what the state recommended in the plea? And if he goes over what the state recommended is their a chance to throw out that plea by the defendant than? We have a situation at the moment and are very nervous because of what the judge said after accepting his plea agreement! And sentencing is 30 days away so trying to get all our ducks in a row so to speak before sentencing!

The Court is not bound by the agreement reached by the prosecutor and counsel for the defense. Generally speaking, if the plea is not accepted, then there is no plea of guilty entered/accepted and the parties gear up for trial (or try again at coming to terms on a plea that the Court will accept).

[Mellymel418]

Originally Posted by CenTexLyn

The Court is not bound by the agreement reached by the prosecutor and counsel for the defense. Generally speaking, if the plea is not accepted, then there is no plea of guilty entered/accepted and the parties gear up for trial (or try again at coming to terms on a plea that the Court will accept).

The plea was accepted by the judge and it does have a written recommendation from the state but the judge kinda made a comment that we are fearing hes not going to follow the state's recommendation at sentencing that is written into the plea?