Legal Question in Criminal Law in California

If you accepted a plea for a felony and still received a excessive amount of time to serve, is there anyway you can appeal it for lesser time? Any suggestioons on how to receive less time for a first offense?


Asked on 10/11/09, 5:29 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

When you enter a plea to a crime, you should be advised of the potential consequences. Sometimes the DA will agree to a "lid," which is a period of incarceration less than the maximum for the offense.

If you entered a plea and the judge gave you more than the maximum allowed, or more than your plea bargain specified, you could request to withdraw the plea. However, unless there was some sort of agreement about how much time you would receive, being unhappy with the sentence you received is not grounds to withdraw your plea. Unless the judge clearly abused his or her discretion, the Court of Appeals will not reduce your sentence.

There are many ways to increase your chance of getting a shorter sentence. One of the first is to act like you care about your case and understand that it's a serious matter: dress like you're going to a job interview for every court date, and be respectful and polite.

Get into some sort of treatment program related to your case as soon as possible; don't wait until the judge orders you to do it. It can be something like anger management, drug or alcohol rehab, or just going to a counselor.

If you have to speak to a probation officer who is preparing a probation report, don't blame others for your situation. Tell the probation officer that you feel ashamed for letting down your family and friends, and you want nothing more than to show everyone you can successfully complete probation.

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Answered on 10/11/09, 8:21 pm


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