To Whom Do I complain regarding a jail sentence?

Question

This guy committed, over the course of a few months, many crimes including domestic violence, child abuse, drug possession, DWI and then a rash of felony counterfeiting of checks. He's going to get only 30 days in jail and then rehab at his sentence according to the judge. This is not right, just because the guy was on meth, to whom would I appeal regarding this gross injustice? The governor of the state? The judge in the case? A letter to the editor of the town in which he was passing these bad checks off? I don't know advice on why the guy should get off or etc, just who would I speak to regarding the fact that this guy deserves more than an easy break and EVERY charge but ONE dropped?

Answer 1

Let me guess...you live in Ca? Anyway, there is really nothing you can do to change a sentence if it has already been passed down. You can speak to the judge at his sentencing hearing (Call your district attorney to find the date) but the judge is limited by the number and seriousness of charges. It sounds like he already signed a plea agreement and the DA took it becuase it goes in their 'win' column regardless and they didn't have to put the money or effort in to a trial. Try the press. Good Luck.

Answer 2

You can complain to whomever you want. None of the people you listed can do anything to change the out come of this particular case, but enough letters from unhappy citizens might change the way they handle the next one. Although the legal system is designed to be isolated from politicals as much as possible, the district attorney, the people who appoint the judges, and to some extent even certain judges, are elected officials. So they don't like it when the voters aren't happy. Writing to the judge won't do anything at all, but writing to the district attorney, governer, and local newspapers let the politicians know that the voters aren't happy with the way cases like this one are being handled, and it's more likely that they'll try harder for a thougher sentence next time (they're less inclined to make deals that have light sentences if they feel the need to be tougher on crime).

As far as actually getting the sentence overturned, the only way to do that would be for the procescuting attorney to file an appeal. Even then, I'm not sure that it's allowed - I think double jeapordy might prevent them from imposing a harsher sentence later (I don't know either way, I just think that it might not be allowed). But even if it's allowed in theory, criminal sentences are rarely overturned on appeal unless it can be shown that the judge was biased, the defence attorney was incompetent, or there was significant evidence that was not discovered before the trial. As unfair as the sentence might seem, the procecuter can't just go in and say he changed his mind about it and wants a harsher setence than what had previously been decided.

Answer 3

In reality, there are too many considerations and too many people considering them. But your best bet is the District Attorney. Point out to him all the crimes the dude has committed, and remind him that a light sentence in this latest case sends a message to the criminal that he can continue to break the law and expect minor inconvenience.

Ask him to see to it that the next time the dude breaks the law, and there will be a next time, remind him, that he seek as much jail time as possible, for everyone's protection.

Judges and juries, if there is one, are not allowed to consider past misdeeds in deciding guilt for a specific crime, and judges are inclined to accept what the DA has bargained for, so as to punish the transgressor and yet also clear up everybody's case load, which is considerable.

I know it doesn't in this case seem fair, and don't think that the DA and his people think it is either. But thank god or whoever that we live in a society that bends over backwards to be fair and humane in dealing with legal issues, unlike many countries where you are guilty just because you were accused and can be put to death for minor accusations.

Answer 4

you can complain to all of the above, but it won't matter,

No one can over rule the sentence unless someone with a standing in the case would appeal it to a higher court.

You can complain to the governor, the state attorney general,
The head judge in that court, the judge who did the ruling,

But light sentences are much more commom now than ever before.

Answer 5

Write your elected state Congressman or Congresswoman, State Representative, Governor, US Attorney's Office, and/or any and all victims advocate groups. Unfortunately, inmates and their families also write to these elected officials and have lobbyist in their corner who advocate sentence reductions, early release, etc. The only way to counter this nasty fact of the justice system is to have your voice heard and that is done by large numbers by way of petitions and legal action groups with a common interest (i.e., MADD, SADD, Victim Aid., etc.)

Answer 6

Sounds like a personal beef to me. Sure it is like a slap on the wrist. If you really want justice for people like this go door to door raising money to build prisons and jails. Everybody complains when they are the victim but nobody is willing to actually pay money out of their pocket to provide the system someplace to put these people away. Complain to your nearest local prosecutor who is elected and make a big stink -newspapers, TV, radio etc. Oh by the way did you testify?

Answer 7

Judge Judy.com