Legal Question in Criminal Law in Texas

plea agreament

plea agreament agreed to by def and pros for a 10 year sentance in fed prison, judge says no and sentenced to life without parole.It was a drug trafficking charge.what are rights to appeal,can judge do that,lawyer took 50,000 for fees and never filed any motions or appeals or nothing what can i do?????????????????????????


Asked on 4/17/02, 11:59 am

2 Answers from Attorneys
David Sergi Sergi and Associates PLLC

Re: plea agreament

The federal sentencing guidlines are complex. However it seems like your freind got caught up in what we call an upward departure. Your attorney should be filing various motions including a motion to withdraw the plea, a motion to reconsider and there after an appeal.

As to the money, the lawyer should have filed various motions to preserve any issues that are contested. I cant tell you what motions because I dont know any of the facts. From the fee is seems like you hired one of the big "names". Often they forget that what is a little case to them is your life. From what you tell me he should be litigating this or appealing this or you have a good claim to ask for some of your money back.

I would be happy to chat with you in detail. We handle cases state wide and dont charge near that and try to give you more. Please call me at 512 392 5010.

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Answered on 4/18/02, 8:51 am
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: plea agreament

I need more facts and details ... call me at 210.224.5811 ...

Best Regards.

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Answered on 4/17/02, 3:33 pm


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