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mrscarter28 · #1 05-16-2009, 08:52 PM

My husband took a plea and we are trying to get an appeal his attorney is workin on it my question is if you with drawl your plea for a time reduction can they give you more time then you already have?

nimuay · #2 05-16-2009, 09:23 PM

it's very, very difficult to withdraw a plea once he's been sentenced. There aren't many reasons a court will accept (Ineffectiveness Of Counsel (IOC) is the big one). Should he actually manage to get the appeal, then the court may do one of several things (depending on the reason the plea was allowed to be withdrawn after sentencing) - 1. vacate the plea and sentence, 2. remand to the original court for them to look at it all again, or 3. let it stand. (There may be other options, but I can't think of 'em right now.) If it's 1 or 2, then the DA who brought the case will have to decide what he wants to do with it, given the reasons that the court sent it back. He can pursue it or drop it. If he pursues and wins, then it's possible for the sentence to be longer. If he loses, it's over, and he will be freed.