Legal Question in Criminal Law in South Carolina

Re: husband

Its difficult following your question. You said that he was coerced into pleading no contest by being told that he would go to prison. I'm having a hard time understanding how going to prison would be an incentive to pleading guilty. It also is confusing as to whether he is in prison now. It is extremely difficult to appeal a guilty plea. The reason is, the judge always protects the record and will ask the defendant a series of questions to document on the record that he/she knew what they were doing, was pleading voluntarily, and so on. One of the questions they almost always ask is whether anyone coerced them. Therefore, since all of this is on the record it is very difficult to challenge it on appeal. The other problem is that there are time frames for appealing and I'm afraid that if this was four years your husband is past the time in which he could file an appeal. Please do not rely solely on this answer and go consult with an attorney who can get all of the important information, ask questions, and give you the most informed advise possible. Good luck.