Legal Question in Criminal Law in Pennsylvania
Appealing a sentence
What options do i have after my husband has already been sentenced? What can i do if i feel that he was misrepresented and did not recieve a fair sentence? This was a first offense, he has no history of violence and Delaware County, PA. has programs for first time drug offenders but for some reason this was not an option for him. I'd appreciate any information available on what can be done at this stage.
2 Answers from Attorneys
Re: Appealing a sentence
You need an attorney local to your area. The most common basis of post-conviction attacks on a sentence is ineffective assistance of counsel.
Re: Appealing a sentence
If you are within 10 days of the date of sentencing, you can file a motion asking the judge to reconsider their decision. If you are within 30 days of the date of sentencing, you can appeal the judge's decision to the superior court of pennsylvania. If you are outside of the the 30 day date, there are other options, but those are somewhat less helpful and require much more detail. Feel free to call or email, 215.825.5183 [email protected]. Good Luck. Brian.
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