Legal Question in Criminal Law in Minnesota

Re: Double Upward Departure

Generally upward departures ARE constitutional and upheld if the Judge cites his reasons for imposing such a departure. From what you have mentioned the only thing which may help your son out is the way the Plea Bargain was worded, if it was to impose 27 months, it could possibly have been withdrawn but since that was over 2 years ago it�s too late to argue that. I assume your son�s lawyer dealt with that at the time.

Unfortunately ,I think you are about two years too late to do anything.

Re: Double Upward Departure

The information you provide here is not clear. Are you saying he made a plea bargain for 27 months, then the judge sentence him to an upward durational departure? If that is what happened, he would have had the right to withdraw his guilty plea and go to trial, in the event the judge refused to abide by the terms of the agreement on the sentencing date. Upward departures from the presumptive Minnesota Sentencing Guidelines sentence are constitutional, but the judge must state reasons for the departure.

This is the kind of problem that should be reviewed by a criminal appellate lawyer -- either private or public defender. The Minnesota Public Defender's Office handles appeals for indigents.