Can we file an appeal?!?! Lawyers please awnser!!?

Question

My husband got a felony misdomeanor(s/p) in 2004. He was driving on a school lawn at 1:00am (nobody was in danger) He was spinning broadies. Tore up the lawn a little..really it was not bad. We have pictures from a little while after and the grass had already grown back!! Anyways, he got 6yrs on probation, and close to $10,000 in fines and another $5,000 for court fees. Is there anything he can do to get this reduced.
He knows he made a mistake, but come on ..RAPISTS get less of a punishment then this.
He wasn't drinking, or on drugs.
Somone please help..is there really any point in trying to do anything about this, or should we just suck it up and pay that off for the rest of our damn lives!!?!?!
Only serious awnsers plz!!

King Midas, and you can see in the above question, I said he was NOT drinking!! He is loving husband and father of two. Holds a good job and provides for his family!!
We are from Montana...spinning broadies is normal in MT..everyone does it. He just happened to be in the wrong place at the wrong time. Most of the time cops won't even bother you ...depending where you are. So maybe you should actually READ the question before you awnser.
And I made a mistake ...it was just a felony, and he did plead guilty, at the advice of his lawyer..who was just a public defender.

Answer 1

Every state has its own appellate rules. However, in most instances, an appeal needs to be filed within 30 days of entry of conviction. I am guessing that, since this happened in 2004, the 30 days has already passed. If you are outside of the limitations period, you may not appeal.

Answer 2

There's no such thing as a felony misdemeanor. A crime is either a felony, or it is a misdemeanor, they are different classes.

Edit: After pleading Guilty, you've pretty much waived the right to appeal. What I think you want to do is get an attorney to file a Motion to Modify, asking the court to reduce the sentence.

I have no idea what your chances are, it can depend on the judge, and where the sentence falls in the minimum-maximum range for the offense. I'm not aware of any basis for them increasing the punishment, but if you pick an attorney that knows the subject and the jurisdiction, they should know whether or not you'd be at risk of an increase. Be sure to ask.

Answer 3

I am not a lawyer, but I have represented myself and also assisted another with a case in Superior court (this is in Canada)

This is precisely what the appeals court is for, but, as I understand it, you would have to have proper grounds for filing the appeal. For example, here in Canada, an appeal is heard if the judge made a mistake in his ruling.

If it works the same where you are (and chances are pretty good that they are- but do some research to verify what I am telling you) then you would have grounds for an appeal if you could show the court that people who had committed similar offences were given lesser punishment in other cases. Or, if you could show that the law in your area requires something different than what the Judge imposed.
You can't just go in and say "we don't think this is fair". You have to back that up. Case law is your friend and there are lots of on line resources.

If what the judge ruled in your husband's case is typical for that type of "crime" then you are pretty much hooped.

Do some on line sleuthing and see if you can find the actual laws that apply and what those laws say are the proper punishment. Also, look for a search able case law library/database. Look for other cases that are similar and spend some time reading the judges reasons for judgement.

Of course, it is always wise to consult a lawyer. Did your husband have one? If not, that might have something to do with the outcome.

all the best.

Answer 4

it depends on what his plea was. If he has never had any other offenses he should have pleaded no contest. Also since it was in an area where children do inhabit it, im suprised he didn't get criminal trespassing, reckless driving, and various other things. Also it is either a felony or a misdemanor not both.

Answer 5

You did not mention if he plead guilty to the crimes, or if he went to trial and was determined to be guilty by the trier of fact.

Also, if you want to appeal the decision of the jury, you need to file the appeal right away.

Without much more facts, there is not much more I can offer; you really need to see an attorney you can provide all of your court documents to, for a proper responce.

Good luck!

Answer 6

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Answer 7

No, that is the price of being a drunk dumb azz. The amazing part is you are trying to justify his behavior.