Appeal after Plea

[tigger22472]

What is the name of your state? Indiana

My BIL committed the crime of arson in Jan of 2002. The first offer from the DA was 40 years, 5 suspended. In July of 2002 they offered 30 years, 10 suspended.. 10 years probation, 3 years house arrest. There is a dispute as to wether anyone was hurt or not which made the circumstances different(we were told no one was then in the end supposably there was.. another story). He took this second offer. My question is can he later appeal that sentence? We as a family have not disputed that this happened or that he did it(we do dispute the injury) but the sentence seems very harsh. We realize that it was a crime that he must pay for but murderers get less time, we've seen it.

 

[JETX]

First, when he accepted the plea, he pled guilty. Unless some extreme circumstance arises, a guilty plea cannot be appealed.
Second, any allowed time for appeal would have expired long ago.

 

[tigger22472]

I could accept that but my husband and I were wondering. We know someone that pleaded guility to driving under the influence and causing bodily injury AND driving with a schedule A substance in system causing Death and she got 3 years. Her lawyer said after 6 months they could reassess it and possibly get it lowered. Maybe it's not an appeal I'm thinking of.

 

[Peo Se 123]

Appeal Guity Plea

Yes, you can Appeal a Guity Plea. You need to look up the specifics of your state's Constitution and/or Rules for Criminal Procedure. Look up on Web.
(http://www.lectlaw.com)
However ur talking about appealing a sentance which is a differant subject. If it's within a certain time of the sentencing, you can appeal the sentence itself, if you feel that the sentence
is unjust or violates a particular law.

 

[JETX]

Ignore ProSe's post. It is less than worthless and simply doesn't apply.

 

[Peo Se 123]

Do Yourself a Favor

Pay no attention to JETX, He speaks without thinking sometimes. If his advice applies to your specific situation? I'd investigate the situation for myself. He may be right but certainly not all the time.
And in your situation, He's patially right and partially wrong, so be careful.

 

[JETX]