Legal Question in Appeals and Writs in Alabama

prison

my fience had a court appointed lawyer that did nothin for him. he had two breaking and entering a vehicle charge. his first offence. he was suppose to get probation but they denied it. i am 5 months pregnant and he was the provider for our family, he has not got in any trouble and had a full time job and in the process of getting his GED. they combined his juvinile record with his adult and thats why they gave him three years prison no probation.i want to get him an appeal and get him out since he shouldnt be in the first place because your juvinile record is not suppose to count as anything. how do i do this?


Asked on 11/06/08, 10:24 pm

1 Answer from Attorneys
Mari Morrison Mari Morrison

Re: prison

Under the truth in sentencing guidelines which the judges may use, at their discretion, the juvenile convictions do count. Important here is did he plea. If he did, he waived his right to appeal. However, the questions goes further as to your statement that his court appointed lawyer did nothing. Was he in fact guilty? If so, there is very little you can do. Under a three year sentence he will probably serve one year and he is given credit for time he has served. I will be happy to talk with you if you will contact me as my primary practice is in the area of appeal.

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Answered on 11/07/08, 8:36 am


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