Legal Question in Criminal Law in Pennsylvania
Criminal Sentencing
My son is taking a charge of 4 - 8 yrs from the DA. They won't let him plead out to the judge. Can he fight this sentence after he is sentenced and accepts it and can he have the judge overrule it? If so, what procedure does he go through?
Also with this sentence how much time will he actualy have to serve before he can be release? Thank you.
3 Answers from Attorneys
Re: Criminal Sentencing
First of all, he should have the option of an open plea before a judge but be careful of the parameters of the sentence without any agreement. I presume that the 4-8 is a result of a plea agreement with the DA's office. Under those circumstances, he can only appeal if his sentence is illegal or if it is not vountarily given. An inmate in the Pa state system, would be eligible for parole at half the minumum but it is rarely granted.
Re: Criminal Sentencing
Under the law, even if there is an agreement, the court still has the duty to do justice to the individual in sentencing. Many judges refuse to take plea's where there is a deal or tell both sides they are not bound by their deals. If the judge was not part of the bargain, then a plea in writing by a parent or another person can be made in a letter to be opened at sentencing and a judge can consider it. If the judge feels that he cannot sentence as agreed by the parties, he can either set aside the plea or can sentence depending on how he set the plea up before he acceted it.
Federal judges rarely permit the type of plea you have discussed here, and will even more rarely ever allow a party to withdraw the plea bargain after the plea has been accepted.
Good Luck.
Re: Criminal Sentencing
He can plea guilty at any time before the judge. The judge can sentence him to whatever s/he wants to sentence him to unless its a mandatory crime, then the judge cannot give him less then the mando.
He cannot appeal a negotiated guilty plea unless: 1. it wasn't voluntary, 2. there is no jurisdiction, 3. its an illegal sentence, or 4. his lawyer messed up. You will not win on any of these issues.
Under a 4-8 sentence he is eligible for parole at 4 years. if he has no prior record and the crime is non violent (no gun, robbery, assualt, burglary, rape, etc.), he will get paroled close to 4 years. if he has any prior record or the crime involves any violence, he won't get paroled at 4.
Feel free to contact me via email, or call me at 215.825.5183, and best of luck. Brian
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