How can I argue against court decision?

Question

Recently my uncle has been to court for something he did a year ago. It was not horrible and did not threaten or hurt anybody. He was sentenced for three years in jail and everyone we have talked to says it seems too harsh for what he did. Even the judge said that he had never heard of a sentence this harsh for what he did. He is a big help to our family and I can't stand to see how this effects my grandmother and mom. The thing my uncle is worried about most is finding someone to take good care of his dog. Other people who have done similar things but much worse have a much shorter distance. This might be hard to explain without telling what he did. I just don't want to give away his privacy.
I'm not sure exactly what we can do to help shorten his sentence. I would just like to send a letter to anybody involved in the court decision and point this out.

He was told he cannot appeal the case.

Answer 1

Well you never have said if he, your uncle had a public defender and you have not stated what his plea in court was either. Now if your uncle went to court and plaeded Quilty or no contest then you will have to stick to the judges ruling. It might be a tougher sentence. So it may be that your uncle may be an example to anyone else that may do the same thing as what your uncle did. I just don't know really what was on the Judges mind when he sentenced your uncle or it could be that youe uncle has been in trouble with the law many times before this incident came up. So maybe the Judge did give him, your uncle a harsher sentence. Hoping that he won't come back again into his court room again when your uncle gets out. Who knows. Maybe your uncle made the judge mad and so the judge pushed it to the max on your uncle. I just can throw out some possibilities for you. Now you have said that that you are not sure what to do to try to shorten his sentence. Well your uncle does have a right to appleal the jugdes decision. Your uncle will have to try to appeal it all the way up to a jury trial and then when he get's a jury trial, your uncle may or may not come out with a better deal. It sure is worth the time and effort though. Of course your uncle will have to pay the court cost and the fee to appeal these appeals. So be ready to help your uncle out with the money situation. If your uncle fnally does get his case taken to a jury trial then he will have to be ready to prove his innocense completly. Because the Juror's are busy people also and they could even give your uncle more time then he already has if the case is not proved that the judge really did give your uncle to much time for his crime. Your uncle may need to show to the Jurors that this is the first time that he has been in trouble. Jurors are pretty good people. They seem to do what is fair and if it is like what you are telling me then, maybe the Jurors will agree with your Family that your uncle was given to much time for this crime, whatever it may be. Some times depending on the crime also. As you probally know people do recive tuffer sentences.But don't come discouraged if you feel that your uncle may be a target of discrimination or just plain out Malicious Prosecution then by all means tell your uncle to take his case all the was to a jury trial. Do it before the staue of limitations runs out. I think on most things you have three years after the case has been settled in a court room to appeal the sentence. When your uncle goes to court he needs to represent himself not just with words but, with proof that any intelligent person can look at and say you know this man has never been in trouble before and he does not seem to be a threat to anyone or himself, then you just might come out smelling like a rose in court. I hope this helps you out some.Also, help your uncle take care of his dog for goodness sake. God Bless You and remember to always fight the fight.

Answer 2

You say he was told he cannot appeal. But whom? His attorney after considering all of the facts and the court process?

If he pled guilty and the sentence falls within the range of penalties set by statute (even if it is at the high end), then he probably cannot appeal. But those are questions he should review with competent counsel.

Even if he cannot appeal the conviction, most states have "sentence review" procedures. A person is allowed to contest the fairness of his sentence (not the conviction). The sentence review judge/panel will look at a variety of factors:
type of crime (property vs. personal injury); length of sentence imposed vs. other sentences imposed for the same offense; age of offender; prior record of offender; etc.). In sentence review, the judge/panel may leave the sentence intact, reduce it or increase it. So if your uncle's sentence really is "too harsh" based on the circumstances, a sentence review petition may benefit him.

Answer 3

www.prisontalk.com

is a website / lots of postings / might be a place to support you and family.

you are right not to give details or admit guilt to keep his privacy.

i would consult a few attorneys to ask questions / get help.

seperate from the appeal process. .... doesn't the governor of the state have authority to pardon ? i am not sure how many pardons actually get issued but i have heard that it has happened.

i do not know where you live but i have been told that many jails are overcrowed and people with less severe crimes are released early. i also think that he can get time off for good behavior. i think i heard someone say that people actually serve like 50 percent of time ?

our church has a prison ministry. it's very hard on a family. you might think of getting mom and grandma involved in one. you really need some support for all of you and you can also learn a lot from people there about legal processes / lawyers, etc. that might help him.

lastly, i would recommend prayer . i do not believe the courts are always fair , therefore, it is necessary to escalate the matter to the higher judge, God.

Answer 4

Unfortunately, this isn't something you have to handle. Your uncle will need to file an appeal to the next higher court. However, you and your family can submit letters on his behalf, but he's going to have to take the steps for an appeal. I too would like to know who told him he can't appeal because anyone can appeal a court decision. That's his right, and if he's being told by the court that he can't appeal, then that's violation of his rights. Good luck!

Answer 5

You can motion to review the sentence, however most of the time that is done by inmates!

You could also ask the court for a reconsideration, and if denied appeal it ti the Supreme Court in your state based on any proof that you have that his sentence is too harsh!

What did the pre-sentencing report say from probation? If they agree with you you have a greater chance to succeed!

Also, there must be sentencing guidelines!

You have some work to do! Sending a letter to a court will never get you a response. or reconsideration!

Answer 6

He should ask his lawyer to file an appeal. Also, remember that in most states, due to prison crowding, a significant percentage of inmates are released early for good behavior. So if he demonstrates that he is no longer a threat, the warden and parole board may agree to release him. But yes, definitely get a lawyer to guide you through this.

Answer 7

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Answer 8

File with the Court of Appeals.

Answer 9

your uncle should advice a lawyer is asking what is needed to appeal the judge's decision. it is just a matter of filing out some papers and trying to convince a judge to change his/her decision on the matter.

Answer 10

If it dint hurt anyone at all then that would not be a crime at all... Confidently U can escalate the case with higher Magistrate and make ur Uncle's lawer argue against the decision.