Legal Question in Criminal Law in Iowa

my brother was sentenced to 10 years in prison yesterday, He tool a plea aggreement of % years probation and when he was out on pre traial release he flunked a drug test and so the judge over ride the 5 years probationa and gave hime 10 years in prison. I feel the he was prejudiced and his attorney did not try very hard on his case, i feel he was wrongfully sentenced compared to anyone else who gets that charge or worse. he is 33 years old and first time drug charges but when he was 18 he has a felony charge for theft . what can we do now with trying to lower or getting him out of prison on cruel punishment


Asked on 10/19/11, 12:40 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

I'm quite sure the court informed him that the court is not bound by any sentencing agreement between the county attorney and the defendant. Having said that he can file a motion to reconsider sentence. You've got to admit that violating the terms of pretrial release might cause the court to be less lenient than they otherwise might have been disposed to.

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Answered on 10/19/11, 2:51 pm


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