Legal Question in Appeals and Writs in Minnesota
prison sentence
My son was sentenced to 28 months for 4th degree DUI and is currently in the St. Cloud Reformatory. Does he have the right to appeal his sentence? He pled guilty to the felony charge so as to escape prison if found guilty by a judge or jury. Being on probation, his P.O. violated him the second time for failure to sign a release of information and for missing an appointment with her. He was arrested, spent a week in the Benton County Jail and was sentenced to prison a week later. My son is an alcoholic and also a TBI victim and does not understand all that goes on in the legal system. I would like to file and appeal if possible and get him into a chemical dependency treatment program.
Thankyou and will be waiting for your response.
1 Answer from Attorneys
Re: prison sentence
You may appeal a criminal sentence. However, before doeing so, you must determine whether there is any basis for an appeal. Possible basis maybe an error of law, or an abuse of discretion.
Nothing in your post idnetifies potential errors that may have occurred.
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