Legal Question in Appeals and Writs in Alabama
Time frame and ways to appeal
My Son Christopher--name removed-- born June 1986, forged one of my bank checks when he was 15. I never pressed charges, but the law held it over his head forever.
He had just served 3 month in jail for failing a drug test while on probation, when the court summons came.
On 12 Dec 04 he got charged and convicted (his appointed lawer did and said nothing, my son don't lie and admitted),he got 3 years of probation, $ 105 for 3 years, forgery on his adult record and warned with 5 years of prison if he fails probation.
I have to add that he struggles with a drug addiction since years, and gets in trouble by showning up with possitive when on probation. Therefore he has a suspended license ($ 340.00) and a hard time holding a job without a car.
I believe his sentence was too harsh and like to help him with an appeal and paid laywer.
He is frustrated with the law because he has been to court so often because they ''try to reform his drug behavier with punishment''.
Do we have a chance, and can you recoment a Laywer.
I need to know in what time frame he can appeal !!!
Please help us......him. He has never done a real crime and tries so hard to do right.
1 Answer from Attorneys
Re: Time frame and ways to appeal
If the judge's sentence is within the limits provided by the law, there is little (if anything) that can be done. The legal standard is whether the judge abused his discretion regarding your son's sentence. If the sentence is within the limits provided by the statute, there is almost never any abuse of discretion. Also, I have never seen a judge's discretion questioned on a sentence of probation. The sentence could have been much worse. I recommend that you save your money on the legal system and use it for your son's drug rehabilitation.
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