He won his appeal

[e&jalexander80]

I everyone well yesterday I'm packing my car to move closer to my husband and out of the blue his lawyer calls me HE WON HIS APPEAL I have very limited knowledge when it comes to the legal system (this is ALL a first for me) from what I understood he will be back in court (lawyer says hopefully in the next 30 days) to take a lesser plea or go back to trial. I'm over the moon happy but at the same time nervous as hell.
Sorry it's long winded but I had to share our good news

[LindiLLou]

Congratulations

[Sheryl P.]

How awesome is that,congratulations!
I would hope and pray for a lesser plea that allows him to go home for time served.

[e&jalexander80]

Originally Posted by Sheryl P.

How awesome is that,congratulations!
I would hope and pray for a lesser plea that allows him to go home for time served.

Thank u ladies. Yeah I'm praying he will get time served and come home soon he's done 5 1/2 already... All I can do now is pray pray pray

[SimplyMe123]

Awesome news! I moved your thread to Legal Appeals, where it is on topic and can help give other members hope. Yes, appeals can be won!

[Liz & Adam]

Congratulations!!! This can take bit of time to go through but he well be home sooner!! My husband won his appeal almost 2 months ago ( federal). But still he's comin home!! Yeah so excited for you and him enjoy!!!

[Olderthanmost]

This is extremely good news! I love to hear news like this! It gives all of us hope that sometimes things do end good! Thanks for sharing. I will continue to pray that doors will open for him and he will be home with you soon.

[spiffy-heart]

When you find out what it was that worked...please let us know!

Spiffy heart

[e&jalexander80]

Just a lil update....
He had court yesterday after them rescheduling 4x. They want to go to trial. So now we wait some more till nov 28th. He's supposed to see the board nov 1st doesn't look like he will get a release date until all this appeal crap is over. I had such high hopes. Still unsure of our outcome.

[JerseySeagull]

When we won our appeal, I bailed him out of state immediately (evidently this is very rare but don't get in my way!!!).
What were the reasons he won his appeal? Technicality or screw up? Does the lawyer feel he can win this time? I'm very surprised they didn't offer a plea, they HATE going back and retrying.
Good luck

[e&jalexander80]

Originally Posted by JerseySeagull

When we won our appeal, I bailed him out of state immediately (evidently this is very rare but don't get in my way!!!).
What were the reasons he won his appeal? Technicality or screw up? Does the lawyer feel he can win this time? I'm very surprised they didn't offer a plea, they HATE going back and retrying.
Good luck

From my understanding the da hasnt responded to the deal his attorney laid out. After 4 rescheduled court dates they are taking it back to trial. I'm upset that he sees the board 18 days before they go back to court. I'm not sure if he will get a date now or not....

[JerseySeagull]

The judge isn't going to be happy that they didn't respond to the plea either yes or no. Judges would rather it get worked out outside of the court room....

[e&jalexander80]

Originally Posted by JerseySeagull

The judge isn't going to be happy that they didn't respond to the plea either yes or no. Judges would rather it get worked out outside of the court room....

Would that fall back on my husband? The judge not being happy w the da?

[JerseySeagull]

If anything it makes the DA look bad. Your husband was willing to deal and the DA just ignored him. Don't be surprised if by the 1st day if trial something good happens!
In our case we won the appeal and 3 years later went back to trial. They destroyed ALL the evidence but were allowed to use the reports. The judge wouldn't let's us even mentioned that there was no evidence and he was convicted. Guess what the grounds are this time? This is taking wwaaaayyyyyy longer but will hopefully result in a total reversal. Oral arguments are next month. Fingers crossed for both of us!