• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How can i get an appeal?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

w8ng4mylove

Junior Member
CALIFORNIA... My husband was sentenced to 5 years in prison for attempted murder. It was actually an escalated domestic violence issue, which was caused by his alcohol abuse. I never wanted to press charges on my husband. I wanted him to go to a recovery home. He was approved to go into a recovery home, but the judge would not allow it, and my husband got scared, and took a plea bargain to 5 years in prison. The courts would not allow us to have any contact, because the judge placed a restraining order, against my wishes. I have tried to get the restraining order modified, but the jusge is not willing to do it. My husbands has been in the Orange County jail for a year, and then transferred to prison. His release date is January 2012. I don't feel that my husband should have been sentenced to prison. He is actively working on his sobriety, and has a strong committment to continue his sobriety when he is released. I am more than willing to obtain counseling with him, and to support him through his sobriety. Prison is not the answer. Is there a way to appeal his sentence, now that he has taken a plea bargain. I, as the victim, never intended for my husband to be prosecuted. We only wanted help with his addiction, and the judge would not allow it? Thank you. Kathleen
 


JETX

Senior Member
Is there a way to appeal his sentence, now that he has taken a plea bargain.
Absent some HUGE misapplication of justice (none noted in your post), his GUILTY plea pretty much closes the door on his options.

I, as the victim, never intended for my husband to be prosecuted.
Your wishes in this really have nothing to do with it. Most (all?) states have revised their domestic violence statutes to remove the victim from the process, since most of them do as you are... and say that "He really, REALLY loves me" or "He really REALLY didn't mean to beat the hell out of me".

We only wanted help with his addiction, and the judge would not allow it?
Darling, he pled GUILTY to ATTEMPTED MURDER!!! That is a FAR cry from a point of 'helping with an addiction!".
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top