Had stay of jail time while appeal started. The appeal process took > 3 yrs. Past the probation period. Do I need to do the 30 days jail time?
2007-01-27 16:27:56 · 10 answers · asked by Puzzuled 1 in Politics & Government ➔ Law & Ethics
Where you actively serving jail time and/or probation during the appeal time? If so, you've already served. If you did not serve the jail time while awaiting the decision on your appeal, you have to serve the time now.
2007-01-28 02:17:20 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
It depends greatly in what State your in but, at this point the judge can uphold the finding and conviction and committ you to do your sentence or the State can file a Motion to Modify Sentence and/or pull any plea offers that you had. Generally a plea agreement cannot be appealed so I'm guessing that it was a strait sentencing from the judge. If you were sentence to do 30 days you will do 30 days. Now, your attorney can file for modification of sentence if their is a hardship or medical condition that would be costly to the State. Go to your local library and look in the legal or law library section for material on post conviction remedies ( Writ of Habeas Corpus )
2007-01-27 16:42:54 · answer #2 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
i think of you're able to awaken and take a seem at your self. Reckless using is as you properly understand using in a manner possibly to reason threat or harm to the common public. in case you hit a guy or woman from at the back of on the twin carriageway then you certainly the place traveling to close to to the guy in front, the reality that she replaced into an old lady skill no longer something, in actuality it only highlights how little interest you the place paying to the situations on the time. As for no longer being waiting to get a job and help your loved ones. No way, I lost my licence for 2 years by stupidity and nevertheless found artwork. (via the way I stay interior the rustic area and on many an party had to affix or bike 10miles to be sure I made it into artwork) You sound such as you're sulking because you experience you have been dealt with to harshly via the courts and now are making the kin on your existence go through as a effect. develop up.
2016-12-16 15:18:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
well.... if the jail time was suspended until review or stayed as part of the sentence, then i would say so. im assuming this is a felony case b/c of the 3 years probation and appeal time. if its a felony case, and you are sentenced to straight time, you will have to spend it no matter what
2007-01-27 16:34:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Did you stay in jail while appealling (you said "had to stay of jail while...")?
The judge should have said "time served" if you do not need to do the time...Where in the hell is your lawyer?
2007-01-27 16:34:02 · answer #5 · answered by Jennifer M 4 · 0⤊ 0⤋
Why don't you just try LexisNexis or Westlaw like all of the other lawyers?
2007-01-27 16:46:49 · answer #6 · answered by Karasu 1 · 0⤊ 0⤋
You are asking us instead of your attorney why ?
How would we know the details ?
Are you making this up or something ?
2007-01-27 16:37:53 · answer #7 · answered by kate 7 · 0⤊ 0⤋
i'm sure you did by now
2015-11-29 05:10:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
yeah that is whats you said
2007-01-27 16:34:06 · answer #9 · answered by B-radizzle 1 · 0⤊ 0⤋
I think so
2007-01-27 16:30:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋